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Fourth. That said collision and loss took place without any fault or want of maritime conduct on the part of the mariners or persons in charge of the libelants' bark, but solely through the negligence and misconduct and unseamanlike action of the officers or persons in charge of the steamship V., in the following particulars among others:
1. Said steamship was proceeding at full speed of not less than fourteen knots per hour, although for more than three hours before the collision the weather had been thick with falling snow and dense vapor.
2. Said steamship was carrying all sail set before the wind, thus using every means to accelerate her speed, instead of going at moderate speed, as she was by law required to do.
3. Said steamship was not blowing proper fog whistles as she was by law required to do, and if any such whistles were blown they were sounded irregularly, or were not loud enough to be heard by vessels lying to the leeward.
4. Said steainship had no proper lookouts stationed where they are required to be; and, in particular, the libelants charge that it was the duty of the officers of said steamship to station a competent man at the fore. mast head, where the vapor would have been less dense and objects were discoverable before they became visible from the steamship's deck.
5. Said steamship, proceeding before the wind, was burning a large quantity of soft coal which generated a great amount of smoke that blew forward of her funnels and, being caught in her foresail and driven downward by the dampness of the atmosphere, blew ahead of her bows and obscured the view from her deck and from the forward bridge, rendering an additional masthead lookout and a reduction of speed specially necessary.
6. The officers of said steamship were guilty of fault and violation of law, in not immediately stopping or slowing their engines upon sighting said bark.
7. The officers of said steamship, having failed to see said bark by their gross inattention and neglect of the above precautions, were further at fault and were guilty of criminal negligence in attempting to cross the bark's bows instead of keeping out of her way by starboarding their helm and going under the stern of said bark, as they might readily have done, and so avoided her altogether.
8. The master of said steamship deserted said bark at nightfall, upon the wind increasing, and was thereby guilty of base and unseamanlike behavior in abandoning the survivors of the collision, and refusing to stand by the wreck until morning as had been promised in his behalf.
9. The master and the officers of said steamship were also at fault in not making a truthful report of said collision upon the arrival of said steamship at the port of New York, and, in particular, in not reporting the lives lost overboard from said bark, which casualty had been plainly visible from said steamship.
10. The officers of the V. are also chargeable with other faults and neg. ligences, which the libelants pray they may be permitted to specify more particularly at the trial hereof.
Fifth. That by reason of said collision the libelants have sustained se. vere damages, as follows, that is to say: They allege the bark K., together with her equipment, ship stores, and pending freight to have been of the value of forty-six thousand five hundred dollars; and that as carriers of the cargo therein, and in behalf of the owners thereof, the libelants have sustained and are entitled to damages to the value thereof, which amounts to twenty thousand dollars; that the personal effects of the master lost by said collision were of the value of five hundred dollars, and of the mates and mariners about thirteen hundred dollars, making the total sum claimed by the libelants from the respondent to be sixty-eight thousand three hundred dollars, together with interest thereon, by reason of the wrongful acts of the said company through its agents, servants, and mariners in bringing about the aforesaid collision.
Sixth. That the respondent is, as heretofore alleged, a foreign corporation, as the libelants are informed and believe, and that said company has property within the jurisdiction of this Honorable Court, to-wit, a certain steamship called the L
Seventh. That all and singular, the premises are true and within the ad. miraity and maritime jurisdiction of this Honorable Court.
Wherefore the libelants pray that process in due form of law according to the course of this Honorable Court may issue against said respondent, the president or officers thereof, and that they may be required to answer on oath this libel and the matters herein contained, and that, if said company cannot be found, then the goods, chattels, and effects thereof within the jurisdiction of this Court may be attached to an amount sufficient to answer the libelants' claim, and that this Honorable Court will be pleased to decree to the libelants the payment of the amount which shall be due unto them for the cause aforesaid, and that the respondent may be condemned to pay the same with interest thereon and the costs of this suit, and that the libelants may have such other and further relief as in law and justice they may be entitled to receive.
Sworn to for themselves, and on behalf of their co-libelants, this day of April, 188–
Notary Public, City and County of New York,
Proctors for Libelants.
FORM IV.– STIPULATION FOR LIBELANT's Costs. District Court of the United States for the Eastern District of New York. Stipulation for libelant's costs entered into pursuant to the rules and prac
tice of this court. WHEREAS a libel was filed in this Court, on the day of — 1891, by the R. R. Company against the steam-tug E., her engines, etc., and the schooner F., her tackle, etc., for the reasons and causes in said libel mentioned, and praying that said vessels be condemned and sold to pay the claim of the libelant, and the said libelant, and John Doe and Richard Roe, sureties, parties hereto, hereby consenting, and agreeing that in case of default or contumacy on the part of the libelant, or its sureties, execution may issue against their goods, chattels, and lands for the sum of two hundred and fifty dollars:
Now, therefore, it is hereby stipulated and agreed, for the benefit of whom it may concern, that the stipulators undersigned shall be, and each of them is, bound in the sum of two hundred and fifty dollars, conditioned that the libelant above named shall appear and answer to the cause and to interrogatories, and shall pay all such costs as shall be awarded against it by this court, or, in case of appeal, by the Appellate Court.
R. R. CO.
RICHARD ROE Taken and acknowledged this
189-, before me, [SEAL)
Notary Public SOUTHERN DISTRICT OF NEW YORK, SS.
John Doe and Richard Roe, parties to the above stipulation, being duly sworn, do depose and say that they reside in the Southern and Eastern Districts of New York, and each that he is worth the sum of five hundred dollars, over and above all his just debts and liabilities.
Sworn to, etc.
FORM V.- CLAIM OF OWNER.
At a stated term of the District Court of the United States for the
Southern District of New York, held at the United States Court Rooms in the City of New York, on the 5th day of November, 1891.
Present: The Honorable Addison Brown, District Judge. THE SCHOONER R., HER TACKLE, ETC.,
RICHARD ROE And now X. Y., part owner of the schooner R., intervening for the interest of himself and A. B., C. D., and E. F., his co-owners, in the said schooner, appears before the Honorable Court, and makes claim to the said schooner, etc., as the same are attached by the marshal under process of this Court at the instance of Richard Roe, and the said X. Y. avers that he was in possession of the said schooner at the time of the attachment thereof, and that the persons above named are true and bona fide owners of the said schooner, and that no other person is the owner thereof, wherefore they pray to defend accordingly.
X. Y. Sworn to and subscribed, this 5th day of November, A. D. 1891, before me. (SEAL]
D. E., Notary Public. S. & G., Proctors for Claimants.
FORM VI.- CLAIM OF AGENT.
At a Stated Term, etc. Present: The Honorable
District Judge. THE STEAMSHIP O., HER ENGINES, ETC., HER CARGO AND FREIGHT,
JOHN SMITH And now B. and Company, intervening as agents for the interest of the Steamship Company, Limited, in the said steamship O., her cargo, and freight, appear before the Honorable Court and make claim to the said steamship, her cargo, and freight, as the same are attached by the marshal, under process of this Court at the instance of John Smith, and the said B. and Company aver that they were in possession of the said steamship, her cargo, and freight at the time of the attachment thereof, and that the corporation above named is the true and bona fide owner of the said steamship, and the carrier of said cargo, and that no other person is the owner or carrier thereof; and said B. and Company are the true and lawful bailees thereof, as agents, wherefore they pray to defend accordingly.
B. & Co., Agents for the S. S. Co., L'd. S. & G., Proctors for Claimant. SOUTHERN DESTRICT OF NEW YORK, }
New A. B., being duly sworn, deposes and says that he resides in the City of New York; that he is a member of the firm of B. and Company above named; that the owner of said steamship is a foreign corporation, having its principal office in Liverpool, and that this deponent is duly authorized to put in this claim in behalf of the owner of the said steamship; and that the said claim is true to the knowledge of this deponent, except as to the matters therein stated on information and belief, and that as to such matters he believes it to be true.
Sworn to, etc.
FORM VII.- STIPULATION FOR CLAIMANT's Costs.
District Court of the United States for the District of New Jersey. Stipulation entered into pursuant to the rules and practice of this court.
Whereas a libel was filed in this Court on the 10th day of April, in the year of our Lord one thousand eight hundred and ninety, by A. B. and others, against 500 tons of chalk lately laden on board the steamship G., for the reasons and causes in said libel mentioned, and praying that process may issue against said chalk, and the parties hereto hereby consenting that in case of default or contumacy on the part of the claimant or its surety execution for the sum of two hundred and fifty dollars may issue against their goods, chattels, and lands;
And whereas also a claim has been filed in said cause by The N. J. Lime Co.:
Now, therefore, it is hereby stipulated and agreed, for the benefit of whom it may concern, that the stipulators undersigned shall be, and each of them is hereby, bound in the sum of two hundred and fifty dollars, conditioned that the claimant above named shall pay all costs and expenses which shall be awarded against it by the final decree of this Court, or upon an appeal, by the Appellate Court.
THE N. J. LIME Co., by X. Y., President
Notary Public [Affidavit as in Form IV.]
Form VIII.-- STIPULATION FOR VALUE. District Court of the United States for the Eastern District of New York Stipulation for value entered into pursuant to the rules and practice of this
court. Whereas a libel was filed on the
day of 1890, by A., B., C., and D., against the steamship X., her engines, etc., impleaded, for the reasons and causes in the said libel mentioned; and whereas the said steamship is in the custody of the Marshal under the process issued in pursuance of the prayer of said libel [or, whereas the libelants have agreed not to issue process against said steamship in consideration of the owners thereof appearing and filing a claim thereto and stipulations for costs and value): And whereas a claim to said vessel has been filed by the Steamship Com. pany, L’d, and the value thereof has been fixed by consent for the purposes of bonding (or, by appraisement) at the sum of six thousand dollars, as appears from said consent (or appraisement] now on file in said Court; and the parties hereto hereby consenting and agreeing that in case of default or contumacy on the part of the claimant or its sureties, execution for the above agreed value, with interest thereon from this date, may issue against their goods, chattels, and lands:
Now, therefore, the condition of this stipulation is such, that if the stipulators undersigned shall at any time, upon the interlocutory or final order or decree of the said District Court or of any Appellate Court to which the above named suit may proceed, and upon notice of such order or de cree, to S. & G., Esquires, Proctors for the Claimant of said steamship X., abide by and pay the money awarded by the final decree rendered by this Court, or the Appellate Court, if any appeal intervene, then this stipulation to be void, otherwise to remain in full force and virtue.
S. S. Co. L'd,
by B. & Co., Agents JOHN DOE.
RICHARD ROE Taken and acknowledged, this
1890, before me, [SEAL)
U. S. Commissioner. [Same affidavit as in Form IV.]
The value of the steamship X. is hereby fixed by consent for the purposes of bonding at the sum of six thousand dollars. Dated, - 1890.
L & K., Proctors for Libelants
FORM IX.-BOND TO MARSHAL.
District Court of the United States of America for the Eastern District of
New York. Know all men by these presents that we, X. Y., claimant, and Richard Roe and John Doe, sureties, are held and firmly bound unto A. W., Mar. shal of the United States for the Eastern District of New York, in the suim of four thousand dollars, to be paid to the said A. W., for the payment