The American Admiralty: Its Jurisdiction and Practice, with Practical Forms and Directions, 第 2 巻

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Banks & Company, 1925
 

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目次

General averageLibel in rem for general average
82
CharterLibel by owner against charterer by demise for damage
91
CharterLibel in personam by charterer on an oral charter with
98
CharterLibel in personam to recover charter hire withheld
105
DemurrageLibel in rem against cargo nitrate charter party
121
Cargo damageLibel in personam for damage to a cargo
128
Storage charges and expenses of carrierLibel in rem for reim
136
Failure to furnish cargoLibel by shipowner
147
MortgageLibel to foreclose a preferred mortgage under
153
PassengersLibel against ship and owners by a passenger
162
PassengersLibel in personam by a female passenger against
168
SeamenLibel in rem and in personam by several seamen
175
Answer to salvage libel where some service was rendered
221
Answer to seamens libelDefense of improper demand for half
230
Allegation of right to limitation of liability under Revised
241
No Page 84 Answer of a garnishee denying the possession of goods or credits
242
Petition to bring in third party under Rule 56
243
Petition under the 56th Admiralty Rule to implead parties in personam and vessels in rem
244
INTERROGATORIES ADDRESSED TO PARTIES OR GARNISHEES AND ANSWERS THERETO 88 Interrogatories propounded to a party
248
Answers by a party to interrogatories
250
Answers by a garnishee to interrogatories propounded to him
251
Peremptory exception to a libel
253
A dilatory exception to a libel
254
Exceptions to an answer for scandal and impertinence
257
98
258
Exceptions to answers of a party or garnishee to interrogatories
259
MESNE PROCESS 100 Monition in rem and Marshals returnSouthern District of New York
260
Marshals notice of arrestSouthern District of New York
262
Notice to the Marshal to dischargeSouthern District of New York
263
CitationSouthern District of New York
265
Process in personam with clause of foreign attachment Southern District of New York
266
Citation under the 56th Rule in personamSouthern District of New York
268
Monition under the 56th Rule in remSouthern District of New York
269
Monition in remNorthern District of California
271
Monition in admiralty proceedings instituted by the United StatesNorthern District of California
272
Notice of publicationNorthern District of California
274
Citation in personamNorthern District of California
275
Citation plea civil et maritimeEastern District of Penn
281
Warrant of seizure in remSouthern District of Texas
288
STIPULATIONS
294
InstanceStipulation for costs and expensesDistrict of Massa
300
No Page 137 Claimants stipulation for costsBond of claimantSouthern District of Texas
304
Stipulation for costsNorthern District of Ohio
305
Affidavit of libelant to inability to give security for costs Northern District of Ohio
307
b Acknowledgment by corporate principal
309
c Acknowledgment on behalf of partnership as principal
310
Corporate stipulation for value where surety is waived
311
Order for discharge on stipulation in action in remEastern District of New York
313
Order to dissolve attachment on stipulation in action in per sonam in case of foreign attachmentEastern District of New York
314
Release bond when amount of bond is agreed uponNorthern District of California
315
Stipulation re amount of release bond N D Cal
317
Warrant to deliverDistrict of Massachusetts
318
Stipulation for valueEastern District of Pennsylvania
319
Release bondEastern District of Louisiana
320
Stipulation of claimant to abide decreeSouthern District of Texas
322
Writ of releaseSouthern District of Texas
323
Respondents stipulation on arrest of the person
324
Bond to the Marshal on arrest of the person
325
Bond to the Marshal on attachment of property
326
Respondents stipulation to appear and pay the decree Given on attachment of property
328
Bond to Marshal under U S Rev Stats 941Northern Dis trict of California
329
Notice of bondingNorthern District of California
331
Intervenors stipulation for costs and expenses
332
Bond of intervenorStipulation for costsSouthern District of Texas
333
Stipulation for the safe return of a vessel in a suit by a part owner
335
Bond for safe return
336
Stipulation in possessory suit
337
Notice of appearanceUnited States District CourtSouthern or Eastern District of New York
339
Claim of owner individual
340
Claim of owner corporate
341
Claim of agent
342
Claim by a foreign consul for unknown owners in a case of salvage of a ship and cargo of his nationals
343
Claim by master of a prize vessel
344
Claim by ambassador asserting immunity
345
Claim by masterDistrict of Massachusetts
347
Claim by masterEastern District of Pennsylvania
348
ClaimNorthern District of California
349
ClaimNorthern District of Ohio
350
ClaimSouthern District of Texas
351
INTERLOCUTORY SALES 1
353
b Notice of motion on the foregoing affidavit
354
178
355
a Order for appraisal b Warrant to appraise c Ap praisers reportDistrict of Massachusetts
356
Writ to survey with extracts from rules and reportEastern District of Pennsylvania
358
Notice of taking depositions de bene esse
362
U S District Court subpoena
363
Subpoena to witnessDistrict of Massachusetts
364
Subpoena ticket
365
Subpoena duces tecum
366
Deposition on oral examination
367
Certificate of commissioner or notary public
368
Certificate of notary taking deposition de bene esse where op posing counsel do not appear
369
Notice of motion for commission to take testimony
370
Order for commission to take testimony on written inter rogatories
372
Order for open commission 373 1
373
Commission to take testimony with directions to commissioner Southern District of New York
375
CommissionNorthern District of California
381
CommissionDistrict of Massachusetts
382
Commissioners return and certificate 384 1
384
Order settling interrogatories
385
Direct interrogatories annexed to commission
386
Crossinterrogatories annexed to commission
387
Interrogatories annexed to commission witnesses stevedores and tally clerks names unknown
388
Interrogatories annexed to commission witnesses ships officers
390
Interrogatories respecting damage to a shipment of flour
395
Interrogatories annexed to commission witnesses watchmen
398
Interrogatories annexed to commission respecting damage to a shipment of rubber
401
Interrogatories to witnesses in charge of unloading
408
Preparatory interrogatories in prize cases
443
Notice of trialUnited States District Court Southern or Eastern District of New York
455
Note of issue for trial
456
Notice of motion to compel answers by the libelant to claimants interrogatories
457
Notice of argument
458
Notice of settlement
459
Notice of entry or filing
460
ORDERS AND DECREES 224 The caption of orders and decrees
461
Order requiring further answer to interrogatories propounded by libelant
462
Order requiring further answers to interrogatories propounded by claimant
464
Order for consolidation of causes
466
Offer to allow a decree S D N Y and E D N Y Admiralty
468
Interlocutory decree allowing recovery of some items only of
474
Interlocutory decree in action for general average contribution
480
Interlocutory decree after hearing with order of referenceDis
486
Final decree in rem on confirmation of commissioners report
493
Final decree in an action in personam where the amount
497
Final decree against impleaded vessel whose owner pleads limita
503
Final decree upon the settlement of a salvage suit
510
Final order of distribution determining priorities
517
Final decree of forfeiture against a vessel on a libel of informa
525
Final decree dismissing libelDistrict of Massachusetts
531
Summary judgment against stipulators
537
EXECUTIONS Form No Page 278 An execution or fieri facias against goods chattels and lands
540
Attachment to compel obedience to an order or decree
541
Venditioni exponas general formSouthern District of New York
542
Venditioni exponas in United States cases
544
Writ of destruction
545
Venditioni exponasNorthern District of California
547
ExecutionNorthern District of California
548
Venditioni exponasEastern District of Louisiana
550
Venditioni exponasNorthern District of Ohio
552
Assignment of judgment
553
Clerks order satisfying decrees and cancelling bonds Southern and Eastern Districts of New York
555
Court order satisfying decrees and cancelling bondsOther dis tricts than Southern and Eastern Districts of New York
556
a Petition for remnants and surplus
557
b Order of reference on the above petition
558
Final decree on petition for remnants and surplus
559
Petition by lienor against proceeds in the registry 560
560
a Petition to Bankruptcy Court for leave to file libel in admiralty
562
b Notice on above petition
563
Order of Bankruptcy Court permitting filing of libel in admiralty
564
Equity order appointing permanent receiver with injunction against suits and with provision for proof of maritime liens
565
Proof of claim in an equity proceeding with assertion of mari time lien and notice of priority and preference
577
Notice of appeal
580
Petition for appealForm in use in the District of Massa chusetts
581
Citation on appealForm in use in the First Circuit
584
Citation on appealForm in use in the Third Circuit
585
Order extending citationThird Circuit
586
Bond for costs on appeal not staying execution
588
Bond on appeal staying execution
589
Notice of filing bond on appeal
591
Stipulation as to supplemental record
597
Affidavit to permit taxation of cost of procuring minutes of trial
604
Decree on mandateReversalLibel dismissed
611
Decree on mandate when one vessel owner has limited liability
620
Final decree on mandateDistrict of Massachusetts
626
Petition for writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit
630
Order for appearance in the Supreme Court of the United States
637
Clerks certificate to record on application for certiorari 638 ན 336 Decree on mandate of the Supreme Court after certiorari granted
639
Prohibitiona Motion for permission to file petition
642
b Petition for prohibition
643
ProhibitionReturn
644
LIMITATION OF LIABILITY 339 Libel and petition asking appraisal 646 1
646
Libel and petition offering surrender and not contesting liability
650
Libel and petition offering surrender and contesting liability 653 I
653
Libel and petitionVessel lost
658
Libel and petitionVessel lost
666
Libel and petitionCollision
674
Libel and petition by owner and charterer 680 I
680
Order for ad interim stipulation
689
Affidavit of value as a basis for fixing the amount of the ad interim stipulation
690
Ad interim stipulation
691
Order appointing commissioner to receive proof of claims and directing issuance of monition and restraining suits
693
Special restraining order
696
Order of reference for appraisal
698
Commissioners report on value
699
Order for payment into court or for stipulation
702
Stipulation for appraised value
703
Order for transfer to trustee
704
Transfer to trustee
706
Monition
708
United States Marshals notice
710
Claim of damage
711
Claim of actual and contingent damage
713
Claim of damages for death
714
Objection to claims
715
Report of commissioner on claims filed
717
Another form of report of commissioner to receive claims in limitation proceeding
720
Order noting defaults
721
Petition of trustee for order of sale
724
Order for sale on trustees petition
725
Notice of sale
726
Trustees report of sale
727
Order confirming trustees report
729
Final decree
735
Final decree in limitation proceeding involving the subject
741
Final decree in limitation proceedings etc tried together
747
Petition for limitation of liabilityDistrict of Massachusetts
755
Petition for limitation of liabilityNorthern District
762
Order for monitionNorthern District of California
769
Citation in limitation of liability proceedingNorthern District
777
Notice of objection of petitioner to claim for damages filed
784
Order of reference for appraisementNorthern District of Cali
790
Stipulation giving effect to right to limit liability to the value
796
CharterLibel in rem and in personam by charterer with
808
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