and that the aid of this court is necessary to decide certain questions between myself and other owners of the said vessel touching the ownership [possession, employment, or earnings] of the said vessel, and to settle all outstanding accounts in relation thereto. No. 4276 XII. Petition by Majority of Part Owners for Sale of Ship and The "Ceylon" (a). A. B. and C. D., solicitors for the plaintiffs, in a cause between co-owners instituted on behalf of J. S. and C. N part owners of the above-named barque or vessel, “Ceylon,” against the said barque or vessel, her tackle, apparel, and furniture, and against J. R., of Newcastle upon-Tyne, shipowner, the owner of sixteen sixty-fourth shares, and R. R., of Sunderland, ship-broker, the owner of eight sixty-fourth shares intervening, say as follows: 1. The "Ceylon" is a barque of 590 tons register, belonging to the port of Liverpool, forty sixty-fourth shares of which are the property of the above-named plaintiffs, each of the said plaintiffs being the owner of twenty sixty-fourth shares. 2. The remaining twenty-four sixty-fourth shares of the said vessel are owned by the above-named defendants, J. R. and R. R., the said J. R. holding sixteen sixty-fourth shares, and the said R. R. eight sixty-fourth shares. 3. On the 17th day of July, 1867, the "Ceylon " arrived in Liverpool, from a voyage to Hong Kong, Singapore, Penang, and New York. 4. The vessel required repairs, and she was accordingly placed in the Graving Dock; her ballast was discharged, she was scraped, her waterways were cleared, and other things were done to prepare her for survey by Lloyd's surveyor. 5. It was then discovered that the vessel was in so bad a state that it would be imprudent to repair her, and the above-named plaintiffs consequently desire that she may be sold. 6. The said J. R. and R. R. decline to consent to such sale, although they are not desirous of retaining their shares, inasmuch as they have offered to sell the same to the plaintiffs. 7. The said J. R. and R. R. refuse either to concur in the sale of the vessel, or to authorize the expenditure of the amount required to repair her; and the plaintiffs' property and interest in the said vessel will be sacrificed or prejudiced unless they are protected by the intervention of this court. 8. There are accounts outstanding and unsettled between the said (a) 18 L. T. N. S. 417. co-owners of the said vessel in respect of the matters above mentioned. And the said solicitors pray the right honourable the judge to direct the said vessel to be sold, and to refer the said accounts to the registrar and merchants, and to condemn the defendants in costs, and that right and justice may be otherwise done and administered in the premises. To. 3651 MORTGAGE. XIII. Affidavit to Lead Warrant. In the High Court of Admiralty of England. I, vessel - of The make oath and say that I am a mortgagee of the by a mortgage-deed bearing date the -- which mortgage-deed has been duly registered according to the provisions of the Merchant Shipping Act, 1854, that the sum secured by the said mortgage-deed is now due, and that I am unable to obtain payment thereof without the assistance of this court. [The original mortgage-deed should be produced, and a certified copy annexed to the affidavit.] XIV. Petition by Mortgagee for Sale of Ship, &c. The "Jeff Davis." Master. N. & P., solicitors for the plaintiffs in a cause of mortgage instituted on behalf of R. P. & W. S. B., of Liverpool, in the county of Lancaster, cotton brokers, against the barque or vessel called the "Jeff Davis," her tackle, apparel, and furniture, and against the defendant W. C., of Hampstead, in the county of Middlesex, the owner of the said vessel, and his bail intervening, say as follows: 1. The "Jeff Davis" is a barque of about 237 tons register, and the plaintiffs are the duly registered mortgagees of the said vessel, with her appurtenances, by virtue of a mortgage dated on or about the 27th day of July, 1866, which said mortgage was duly registered on or about the 24th day of August, 1866. 2. The said vessel was mortgaged to the plaintiffs as aforesaid by the defendant, being the owner of the said vessel, to secure the repayment to the plaintiffs of the sum of 1500l., together with interest thereon at the rate of 51. per cent. per annum, in manner therein No. 11 mentioned, the exhibit A. hereunto annexed being a true copy of the said mortgage. 3. The defendant has not repaid to the plaintiffs the said sum of 1500l., or any part thereof, nor paid any interest thereon, but, on the contrary, has wholly made default in so doing, in violation of the covenant contained in the said mortgage. 4. The said vessel was at the time of the institution of this suit, and still is, under arrest of this honourable court. Wherefore the said solicitors pray the right honourable the judge to pronounce for the said mortgage, and that the said sum of 1500l., together with interest thereon at the rate aforesaid, is due to the plaintiffs, and to decree that the said vessel, together with her appurtenances, be sold, and that the plaintiffs be paid the sum of 1500l., with interest thereon at the rate aforesaid, as well as the costs of this cause, out of the proceeds of the sale, and that otherwise justice be done and administered to the plaintiffs in the premises. XV. Another Form. The "Royal Albert." of F. S. C., solicitor for the plaintiff, in a cause instituted on behalf of H. G., in the county of Surrey, widow, the mortgagee of sixty-four sixty-fourth parts or shares of the ship or vessel "Royal Albert," against the said ship, her tackle, apparel, and furniture, and against M. I. W., of Liverpool, in the county of Lancaster, shipowner, the alleged sole owner of the said ship intervening, says as follows: 79 1. The above-named ship "Royal Albert," of the port of London, of the registered burthen of 670 tons or thereabouts, whereof C. H. B., of in the city of London, was then the sole and duly registered owner, was on the 10th day of April, 1861, mortgaged by the said C. H. B. to the said H. G., the plaintiff in this cause, to secure the repayment by the said C. H. B. to the plaintiff of the sum of 450l., together with interest thereon, at the rate of seven per cent. per annum, on or before the 1st day of June, 1861. 2. The said mortgage of the "Royal Albert" was made by an instrument dated the said 10th day of April, 1861, in the form prescribed by the 66th section of the Merchant Shipping Act, 1854, and was recorded by the registrar of shipping in the port of London, in the register book of the said port, as required by the said section. 3. No part of the said principal sum or interest has been paid, and there still remains due and owing to the said H. G., on her said mort 2616 gage security, the principal sum of 450l., together with a large sum of money for interest and expenses; and the said H. G., although she has applied to the said C. H. B. for payment thereof, cannot obtain payment of the same without the assistance of this honourable court. And the said F. S. C. prays the right honourable the judge to refer it to the registrar, assisted by merchants, to ascertain what is due to the plaintiff in respect of her said mortgage security, and to condemn the defendant and his bail in the amount which shall be found due to the plaintiff in respect thereof, and in the costs of this suit, and that otherwise right and justice may be administered in the premises. XVI. Petition by Transferees of Mortgage against Proceeds. The "Kestrel" (a). Master. cause of in the South D., S., & R., solicitors for the plaintiffs in a mortgage, instituted on behalf of J. M., of county of Surrey, gentleman, and F. N., of wark, in the same county, gentleman, the first mortgagees by transfer of the screw steam ship "Kestrel," against the proceeds of the sale of the said vessel now remaining in the registry of this court; and against F. K., G. K., and R. K., mortgagees of sixty-four sixty-fourth parts or shares of the said vessel, intervening, say as follows : 1. On the 29th day of April, 1863, J. Y., the sole registered owner of the said ship "Kestrel," mortgaged the said ship to M. S., ofLondon, ship builder, to secure payment to him of the sum of 10,000l., with interest thereon, which mortgage was in the form prescribed by the Merchant Shipping Act, 1854, and was duly registered on the 1st day of May, 1863. 2. On the 8th day of May, 1863, the said M. S. transferred the said mortgage, by indorsement thereon in the form prescribed by the said Merchant Shipping Act, to the plaintiffs, as security for the sum of 10,000l., which said transfer was duly registered on the 12th day of May, 1863. the 3. There is now due and owing to the said J. M. and F. N., plaintiffs, for principal and interest, to secure the payment of which the said transfer of mortgage was executed, the sum of 5400l. and upwards. 4. The plaintiffs have necessarily incurred certain costs, charges, and expenses as mortgagees of the said vessel, and in maintaining and defending their title to the said mortgage in the High Court of (a) L. R. 1 Ad. 78. Chancery, and also in other suits instituted in this court against the said vessel "Kestrel" (a). 5. The said ship has been sold by this court in a suit of bottomry, and the balance of the proceeds of such sale now remain in the registry. The said D., S., and R., therefore pray the right honourable the judge to pronounce for the validity respectively of the aforesaid mortgage and transfer, to condemn the balance of proceeds now remaining in the registry as aforesaid, in the amount due to the plaintiffs for principal and interest, and costs, charges, and expenses reasonably incurred by them as mortgagees, and in maintaining and defending their title to the said mortgage and transfer in the High Court of Chancery, and in the other suits in this court (a), and also in such proportion of the costs of this suit as may be legally payable out of the same, and to condemn the defendants in the rest of the costs of this suit, and to refer the claim of the plaintiffs, together with all accounts and vouchers relating thereto, to the registrar and merchants to report as to the amount thereof. XVII. Answer to the Preceding Petition. G. and R., solicitors for F. K. and R. K., of H., in the county of Y., manufacturers, the defendants in this cause, say as follows:: 1. The above-named steam-ship "Kestrel," whereof J. Y., one of the partners in the firm of E. Y. and Sous, of ——, in the city of London, merchants, at the time of the making of the mortgage-deed hereinafter mentioned was the duly registered owner, was mortgaged to the defendants by the said J. Y., by a mortgage-deed, which was duly registered by the registrar of shipping in the port of London, on the 27th day of April, 1864. 2. There is due and owing to the defendants, on their said mortgage, a sum of money exceeding the proceeds of the sale of the "Kestrel" in the registry of this honourable court. 3. The defendants deny the allegations of the first, second, third, and fourth articles of the petition. 4. The said alleged mortgage of the "Kestrel" to M. S., was for the purpose of securing to the firm of M. S. and Co. the payment of certain bills of exchange, drawn by the said M. S. and Co., on and accepted by the said firm of E. Y. and Sons, and was transferred to (a) As to the costs to which a mortgagee is entitled, see The Kestrel, L. R. 1 Ad. 78. |