COMMON LAW FORM L.-WRIT OF SCIRE FACIAS.

To the Marshal of Our District of Massachusetts, or Either of his Deputies. Greeting:

Whereas, [James Aber] before our Judges of our District Court of the United States for the District of Massachusetts, holden at Boston, within and for our said district of Massachusetts, on the 25th day of March in the year of our Lord one thousand nine hundred sixteen and by the consideration of our said court, recovered against Edward Wade, the sum of $4,000 and also $97 for costs and charges by plaintiff about his suit in that behalf expended; whereof the said Edward Wade is convict, as to us appears of record. And although judgment be thereof rendered, yet the execution of the said debt or damage and costs doth yet remain to be made-whereof the said James Aber has made application to us to provide remedy for him in that behalf: Now to the end that justice be done, we command you, that you make known unto the said Edward Wade that he be before our Judges of our said District Court, to be holden at Boston within and for our said district of Massachusetts, on the 10th day of April, to shew cause (if any he has), wherefore the said James Aber ought not to have execution against him, the said Edward Wade, for his debt or damage, and costs aforesaid; and further to do and receive that which our said court shall then consider; and there and then have you this writ, with your doings therein. Herein fail not. Witness, Hon. James M. Morton, Jr., United States District Judge, at Boston, the 5th day of April in the year of our Lord one thousand nine hundred and sixteen.

Clerk.

ADMIRALTY FORMS

FORM I.-LIBEL IN REM.

[Prepared by CHARLES C. BURLINGHAM, Esq., of the New York Bar.]

To the Honorable Charles L. Benedict, Judge of the District Court of the United States for the Eastern District of New York:

The libel of A., B., C. and D. against the steamships X. and Y., their engines, etc., and against all persons claiming any interest therein, in a cause of action, civil and maritime, of a nature hereinafter more specifically set forth, alleges as follows:

First. At all the times hereinafter mentioned the libelants were underwriters, members of Lloyds, and lawfully engaged in and transacting the business of marine insurance in London, England.

Second. On or about the 11th day of June, 18-, the firm of R. & Company, merchants, of the city of New York, shipped, in good order and condition, on board the steamer X., then lying in the port of New York, and bound to the port of H., to be transported in said steamer to said port of H., three hundred and ten tubs of butter, one hundred and forty-five of which were marked "A," one hundred of which were marked "B," and sixty-five of which were marked "C," and which tubs of butter the agents of said steamer X. did agree to transport to and deliver at H. by the said steamer X. to the order of the shipper, and at the time aforesaid did issue a bill of lading in accordance with such agreement. Said goods were shipped by R. & Company for joint account with F. G. & Company, of H., and were owned by the said R. & Company and the said F. G. & Company jointly, and after said shipment the bill of lading issued as aforesaid therefore was duly indorsed by said R. & Company and delivered to said F. G. & Company.

Third. On or about the 11th day of June, 18-, the firm of M. & S., merchants, of the city of New York, shipped in good order and condition on board said steamer X., to be transported in said steamer from the port of New York to the port of H., one hundred and two boxes of cheese, thirty-nine of which were marked [F] twenty-six of which were marked [F] and thirty-seven of which were marked [F] and which boxes of cheese the agents of said steamer did agree to transport to and deliver at H. to the order of the shippers, and at the time aforesaid did issue a bill of lading in accordance with such agreement. Said goods were shipped by said M. & S. for account of the firm of F. G. & Company, of H., who were and continued to be the owners of the said goods, and after said shipment

said bill of lading issued as aforesaid therefor was duly indorsed by said M.. & S. and delivered to said E. G. & Company.

Fourth. On or about the 12th day of June 18-, the said steamer X. set sail from the port of New York, bound for the port of H., having on board both aforesaid lots of merchandise, which had been shipped on board said steamer at said port of New York in good order and condition, and at about half-past one o'clock in the afternoon of June 13, 18, the said steamer X., when about three hundred and ten miles east of Sandy Hook, came into violent collision with said steamer Y., and by said collision a large hole was made in the starboard side of the steamer X., by reason whereof the compartments in which the above mentioned lots of merchandise were stowed were flooded, and the said lots of merchandise were wholly lost to the owners, most of them being lost through the said hole into the sea and the others being jettisoned.

Fifth. On or about the 29th day of December, 18-, the libelants, in the regular course of their business as marine insurers, issued to D. & W., for and in consideration of the premiums paid, an open policy of insurance in the sum of £5000, British sterling, bearing date on said 29th of December, 18-, and in and by said policy of insurance the libelants agreed to insure the said D. & W., as well as in their own name as for and in the name and names of every other person or persons to whom the same did, might, or should appertain in part or in whole, and did cause them and each of such persons to be insured at and from New York and [or] Philadelphia and [or] Portland and [or] Boston to London and [or] port or ports, place or places, on the west coast of Great Britain, upon any kind of goods and merchandise against loss or damage arising from adventures and perils of the sea and all other perils, loss, and misfortunes that might come to the hurt, detriment, or damage of said goods upon the voyage; that by the terms of said policy of insurance the libelants A. and B. each became insurer in the sum of £, British sterling, of said £5000, British sterling, which was the total sum covered by said policy, and the other libelants each became insurer to the extent of £, British sterling, and the libelants agreed to become insurers in such proportions upon any shipment declared under the said policy of insurance; that thereafter and in the month of June, 18-, D. & W. declared insurance upon said lot of three hundred and ten tubs of butter to the amount of £555, British sterling, for the benefit of the owners of the said tubs of butter, and they further declared insurance upon said lot of one hundred and two boxes of cheese in the sum of £150, British sterling, for the benefit of the owners of the said boxes of cheese, and the said insurance was accepted and indorsed by and for the libelants upon said policy, said sums insured being only equal to or less than the true value of said goods.

Sixth. The aforesaid collision occurred as follows. The X., up to within a very short time before the collision, was proceeding on an easterly course at the rate of about fourteen miles an hour, which speed she maintained until the collision; and the said steamer Y., up to within a very short time before the collision, was proceeding on a west by north course, bound from Liverpool to New York, at a high rate of speed; the sea was

smooth, and there was little wind, but there was a dense fog, in which the said steamers had been running for a long time before the collision; neither vessel had sufficient lookouts; both vessels were giving at intervals signals with their steam whistles. While so proceeding, the officers of the steamer Y. heard the fog signal of the X. over the port bow of their vessel, and gave orders to the man at the wheel to port, which order was executed; and the officers of the X. heard the fog signal of the steamer Y. over their starboard bow of their vessel, and gave orders to the man at the wheel to starboard, which order was executed. A few minutes later, each steamer became visible to those on board of the other steamer, close at hand; whereupon those in charge of the steamer Y. ordered her engines to be stopped and reversed, but before any perceptible influence was exerted on the speed of the steamer the two vessels came into collision.

Seventh. The collision was due to the fault and negligence of those in charge of the steamers X. and Y. respectively, in that they were proceeding at too high a rate of speed, in that they had no good and sufficient lookouts, in that they did not give the proper signals by which to indicate each to the other their respective courses and movements, in that they did not heed and note the signals given by the approaching vessel, and in that they did not stop and reverse their engines before the collision and at such time as to overcome their headway, and to the fault of those in charge of the navigation of the steamer Y. in that they ported their helm and did not hold their course, and to the fault of those in charge of the navi gation of said steamer X. in that they starboarded their helm instead of porting; and the said collision was not in any respect due to the fault of the libelants.

Eighth. By reason of the the premises and the collision aforesaid, and the resultant loss and destruction of said lots of merchandise, the libelants as insurers as aforesaid became liable to pay, and have paid, on or about the 15th day of August, 18-, to the said F. G. & Company, for the loss as aforesaid for said three hundred and ten tubs of butter, the sum of £555, British sterling, and for the loss and destruction of said one hundred and two boxes of cheese as aforesaid, the further sum of £150, British sterling, and have become subrogated to all the rights of the owners of said merchandise. and that they have received the sum of £69 1 2, British sterl ing, being allowance in general average for goods jettisoned.

Ninth. By reason of the premises and the payment aforesaid, the libelants have sustained damages in the sum of £635 18 10, British sterl ing. equivalent in money of the United States to three thousand and eighty four dollars ($3084 ), with interest thereon from the 15th day of August, 18-, no part of which has been paid, although payment thereof has been duly demanded by the libelants.

Tenth. Said steamers X. and Y. are now within this district, and within the jurisdiction of this court.

Eleventh. All and singular the premises are true and within the admiralty and maritime jurisdiction of this honorable court.

Wherefore the libelants pray that process, in due form of law and ac

cording to the course and practice of this court in case of admiralty and maritime jurisdiction, may issue against the said steamship X. and Y., their engines, etc., and that all persons claiming any interest therein may be cited to appear and answer the matters aforesaid, and that said steamships X. and Y., their engines, etc., may be condemned and sold to satisfy the claims of the libelants aforesaid, with interest thereon from the 15th day of August, 18-, and costs.

UNITED STATES OF AMERICA,

District of Maryland.

}

SS.

A., B., C. & D.,

By H. B. B., Attorney.

H. B. B., being duly sworn, says that he is the attorney in fact of the libelants above named, none of whom are now in the United States; that depondent has read the foregeoing libel, and the same is true to the best of his knowledge.

H. B. B.

District Court of the United States for the Eastern District of New York.

THE W. MARINE INSURANCE Co., Libelant.,

against

THE C. STEAMSHIP Co., L'D, AND ANOTHER, Respondents. J

Interrogatories propounded by the libelant to the respondent, The C. Steamship Company, L'd, which it is required to answer by its officers or its duly authorized agents or servants in writing and under oath. First Interrogatory.-By whom were the 760 sacks of flour mentioned in the fourth article of the libel herein delivered in the steamship X., and by whom were they delivered to the respondent, The C. Steamship Company, L'd? State fully the circumstances attending such delivery as well to the X. as to the said respondent, giving time and place of such delivery.

Second Interrogatory.-Did the said steamer X. or the said respondent give any receipt for the said 760 sacks of flour or for any of them to the person or persons or corporation delivering the said goods?

Third Interrogatory.-Have you or have you ever had what purported to be a copy of the bill of lading issued for any of the goods referred to in the fourth, fifth, sixth, and seventh articles of the libel herein? For which of the said goods have you had such copy of bill of lading? From whom did you receive each such copy, and when and where? Answer fully, stating particularly which lots of cargo were covered by each of such copies of bills of lading. Were such copies of bills of lading such as are ordinarily known as "ship's copies" or "carrier's copies?"’

New York, November 9, 18—.

Proctors for Libelant.