of

(whereof was master), which had perceived them in distress, and was lying to, and got the smack's lines into the boat; and the mate and two of the smack's crew pulled on board the schooner with one end of the line, and made it fast to the tow line; and the people on board the said smack attempted to haul the end of the tow-line on board, for the purpose of taking the schooner in tow; but the smack missed stays three times, in consequence of the sea being so heavy, and broke the lines, and after making several fruitless attempts to take the schooner in tow, the master of the said smack said it was of no use, even if they then had her in tow; they had drifted so far from the land, and the gale had increased so much, that he thought they could not tow her, but would have to cut her adrift. That the pump was again sounded, and upwards of two feet of water was found to be in the hold, and the sea was then making a free passage over the schooner, and she was then making a great deal of water, and quite unmanageable in consequence of the loss of the foremast; whereupon, between eleven and twelve o'clock, all hands left the said schooner, and got on board the said smack to save their lives, and soon after the said schooner sunk, and was totally lost, and the next day the master and crew were landed at And this was and is true,

public, and notorious, and the party proponent doth allege and propound as before.
That the said schooner
at the time she was struck and damaged as aforesaid, Fourth,
was, save as to the injury she then sustained, of the value of
at the least. That she was built in the year
board, at the time she was so injured, consisted of
the value of

at

or thereabouts,

and the cargo she had on

which was, at such time, of

, or thereabouts, at the least; and that the freight which she would have earned thereon, had she completed her intended voyage, would have amounted to or thereabouts. And this was and is true, public, and notorious, and the party proponent doth allege and propound as before.

within the juris- Fifth.

diction of this Court, all and singular the premises have been rightly and duly complained on the part
and behalf of the said
to you, the Worshipful

aforesaid, and to this Court; and the party proponent doth allege and propound as before.
That all and singular the premises were and are true.

the Judge

Sixth.

No. 75.

To be signed by
Counsel.

FORM of LIBEL in a Cause of Damage by Beating.

IN the Vice-Admiralty Court of

Judge and Commissary of His Majesty's Vicelawfully constituted and appointed the Proctor of late a mariner on board the ship or vessel called the now is or lately was master), against the said person or persons whomsoever, lawfully intervening for him in judgment before you by way of complaint, and hereby complaining unto you in this behalf, doth say, allege, and in law articulately propound as follows, to wit

Insert names of Ship

and Master.

Insert date.

the said ship or vessel First.
was then master), being in the port of
did, by himself or agent, ship and

to serve as a Mariner on board the said ship for and during the Or as the fact may be.

having taken on board her complement of officers

day of the said month of

on board, and having been to with a full ship in the month of

public, and notorious; and so much the said

, proceed therein, with the returned to the aforesaid last. And this was and is true, doth know, in his conscience

believes, and hath confessed to be true; and the party proponent doth allege and propound of any
other time or place, person or thing, as shall appear from the proofs to be made in this cause, and
every thing in this and the subsequent articles of this libel contained, jointly and severally.
That during the whole time the said
continued on board the said ship or Second.
vessel, he did well and truly perform his duty on board her, was obedient to all the lawful commands
of the said
the master, and the other officers on board the said ship; and this
was and is true, public, and notorious, and the party proponent doth allege and propound as before.
That during the time of the said voyage, and while the said ship or vessel was lying off
and within the jurisdiction of this Court, (to wit) on the
day of
in the said year
whilst the said
was in the fore hold handing up billett wood

› Third.

Or as the fact may be.

Fourth.

Fifth.

Sixth.

To be signed by
Counsel.

Insert date, &c.

Insert names of Ship
and Master.

Insert Proctor's name.
Or next adjourned
Court," as the Judge
may see fit.

the

officer on board the said ship or vessel charged him with not working so well as he could, nor so fast as another mariner of the name of That the said replied, "that the said worked too fast to last made use of words to that or the like effect, when the said immediately made complaint to the chief officer, that had been very impertinent to him; whereupon, and for no other then ordered him to be taken from his duty, and day of the said month of the master, coming on board

long;" or he the said

he the said

cause whatever, the said

placed below in irons, where he continued till the

said

with

following. That upon the said

,

the said vessel, (from which he had been absent the whole of the before-mentioned period,) he, im-
mediately upon the complaint being made by the said.
and without hearing the
in his defence, ordered him to the gangway and caused him to be flogged
lashes; and although the said
most humbly and repeatedly urged
the said
the master, for some water, to allay the thirst and fever that he then
suffered from the punishment aforesaid and previous imprisonment, the said
absolutely refused to let the master-at-arms give him any water. That the said
then fainted, and was much exhausted by the said flogging or punishment so inflicted. That the said
would not permit the surgeon to give the said

any

ointment or lotion to apply to his back, but ordered him, in his fainting and exhausted state, to return
to his duty. That the said
in consequence of the flogging aforesaid, suffered
And this was and is true, public, and notorious, and

set forth, hath sustained a damage to the amount of
And this was and is true, public, and notorious, and the party proponent doth allege and propound as
before.

That the said

at the time he so flogged and ill-treated the said

as set forth in the third article of this libel, was commander of the said ship or vessel called the
and that the said cruelty and ill-treatment were inflicted in the said ship off

and

within the jurisdiction of this Court; and that, by reason of the premises, it hath been and is rightly
and duly complained on the part and behalf of the said
to you the Worshipful

the Judge aforesaid, and to this Court; and the party proponent doth allege and propound as before.
That all and singular the premises were and are true.

day of

No. 76.

FORM of MINUTE of Court bringing in a Libel.

brought in libel. The Judge assigned to hear on admission thereof the

the said libel to be rejected. The Judge having heard the same read, and Advocates and Proctors on both sides thereon, admitted the said libel, and assigned

thereof by the

extracted unless necessary.

day of

examination of witnesses, and compulsories.

to prove the contents and granted a decree for answers, commissions for

No. 79.

FORM of MINUTE of Court directing a Libel to be reformed.

prayed the libel by him given to be admitted.

Insert date, &c.
Insert names of Ship and
Master.

Insert Proctor's name.

prayed Insert Adverse Proctor's

the said libel to be rejected. The Judge, having heard the same read, and Advocates and Proctors
thereon, directed the said libel to be reformed by striking out the third and fifth articles, and also the
words "
" in the sixth article; and, the said libel being then so reformed,
admitted the same, and assigned

compulsories.

to prove its contents by the

day of

and granted a decree for answers, commissions for examination of witnesses, and

No. 80.

FORM of MINUTE of Court rejecting a Libel.

name.

Insert date, &c.

Insert names of Ship and
Master.

Insert Proctor's name.

prayed Insert Adverse Proctor's

name.

prayed the libel by him given to be admitted.

the said libel to be rejected. The Judge, having heard the same read, and Advocates and Proctors on both sides thereon, rejected the said libel.

No. 81.

FORM of DECREE for Answers.

WILLIAM the Fourth, by the grace of God, of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, To , gentleman, Marshal of our Vice-Admiralty Court of and to his deputy whomsoever, greeting: Whereas, our beloved the Worshipful

appointed in a certain cause of our said Court, on behalf of

hath decreed the said

, Judge and Commissary of our said Court, lawfully constituted and civil and maritime, moved and prosecuted before him in against the ship or vessel called the her tackle, apparel, and furniture, and against , the owner thereof, intervening rightly and duly proceeding on the day of the date hereof, at the petition of the Proctor of the said to be monished, cited, and called to judgment at the time and place under-written, and to the effect hereinafter expressed, (justice so requiring): We therefore strictly charge and command you, jointly and severally, that you omit not by reason of any liberty or franchise, but that you monish and cite, or cause to be monished and cited, peremptorily the said that he appear before Us or our aforesaid Judge, or his Surrogate, in the Registry of our said Court, situated on the sixth day after he shall have been served with these presents, between the hours of and in the of such day, then and there to answer personally, by virtue of his corporal oath to be then administered to him, to the positions or articles of a certain libel given in and admitted in the said cause on behalf of the said and further to do and receive as unto justice shall appertain, and that you duly certify Us or our said Judge, or his Surrogate, what you shall do in the premises, together with these presents. Given at in our aforesaid Court, under the seal thereof, the and of our reign the

The personal answers of

,

late master of the said ship or vessel

party in this cause, to all and every the positions or articles of a certain libel or summary petition
bearing date on the
day of
, and the exhibit marked A thereto annexed, and

therein pleaded and referred to, given in and admitted in this cause by or on the part and behalf of
the other party in this cause, made and given in by virtue of the corporal oath

To the first position or article of the said libel or summary petition the respondent saith, he admits First. that on or about the

the said ship or vessel

being then in

F

Second.

Third.

the port of

cargo for the port of
whilst lying at

and designed on a voyage from thence to

on board his Majesty's ship
saith that the said
with

day of

and back, the respondent did ship and hire the said to serve as a seaman on board the said ship or vessel during her then intended voyage, and did agree to pay him wages at and after the rate of per month, and that he the said went on board and entered into the service of the said ship or vessel accordingly, and signed the usual ship's articles or mariner's contract for the performance of such voyage; and he also admits that, a general cargo having been taken on board the said ship, she, on or about the day of , sailed with the same, and the said on board, to where she arrived on or about the day of following, and discharged her said cargo, and then took on board another general where she arrived and made freight as articulate; but he denies that to wit, on the , as articulate, the said quitted the said ship for the purpose of entering into the service of his Majesty, , or that he so did on that day, for the respondent positively continued on board and in the service of the said ship until about ten o'clock in the morning of the day of , when in company , another of the seamen belonging to the said ship or vessel, he the said deserted from the service of the said ship for the purpose, as he verily believes, of entering into the service of the Brazilian navy; and the respondent further answering saith, he admits that the said ship proceeded on her return voyage to where she safely arrived in or about the month of following, as articulate, but the respondent denies that, during all the time the said was in the service of the said ship, he did well and truly perform his duty as a seaman, and was obedient to all the lawful commands of the respondent and others his superior officers, and deserved the wages schedulate, for on the contrary the respondent saith that the said on various occasions refused to perform his duty, and absented himself without leave, but more particularly that on the , the said ship having completed the lading of her return cargo, and being ready for sea, all hands were turned out to clear the hawse and unmoor the ship, when the said doing; that on the following morning, the out to unmoor the ship for sea, when the said do, and likewise that on the next following morning at about turned out to clear the hawse and unmoor the ship, when, the starboard anchor having been weighed, and the other anchor having been got a-peak, the said refused to weigh the same, whereby the said ship was placed and left in a state of great danger, in consequence whereof the respondent immediately went on shore for assistance; that during such the respondent's absence the said and also the said , quitted and finally deserted the service of the said ship as aforesaid; and the respondent further saith, that, in consequence of the refusal of the said and the other seamen as aforesaid to weigh the anchors and proceed to sea until the respondent was enabled to procure other seamen in their stead, the said ship with a valuable cargo on board was detained at a considerable expense and in a dangerous situation, and did not sail from till the day of and further or otherwise he denies and disbelieves the said article to be true, save that he knows not to answer at what time the said was discharged from the service of His Majesty's said ship and also save that he has refused and doth refuse to pay the said the wages articulate, by reason of his disobedience of lawful commands and

desertion aforesaid.

day of

positively refused to assist in so day of the said month, all hands were again turned and others also again refused so to o'clock all hands were again

and also

To the second position or article of the said libel or summary petition, this respondent answers and says, he denies the said exhibit to be true, as far as the same states that the said entered on board his Majesty's said ship of his own knowledge the said

on the

day of by reason that did not quit the respondent's said ship until the day of as by him before answered; and further or otherwise this respondent knows not of his own knowledge to answer, but has no reason to disbelieve, and therefore admits the same to be true.

To the third position or article of the said libel or summary petition the respondent answering saith, he admits and believes what he has admitted and believed, and denies and disbelieves what he hath denied and disbelieved.

No. 83.

FORM of PERSONAL ANSWERS of a Party to a Responsive Plea given on the part of a
Mariner in a Cause of Subtraction of Wages.

IN the Vice-Admiralty Court of

The personal answers of

,

pounds and

day of

, party in this cause, to all and every the positions
given in and admitted
the other party therein, made and
follow, to wit-

Insert names of Ship and Master.

or articles of a certain allegation bearing date the
in this cause by or on the part and behalf of
given in by virtue of the corporal oath of the said
To the first position or article of the said allegation this respondent answering saith, he admits that First.
in the second position or article of the allegation, given in and admitted in this cause on his part and
behalf, it is amongst other things alleged and pleaded in the words and to the effect recited in the said
article; and further answering the respondent saith, he denies and disbelieves that at the time the said
and the rest of his shipmates, signed articles at
for the perform-
ance of the voyage in question, the rate of wages then usually given to mariners in the
port of
for such voyages was
pounds and
shillings per month; and this respondent admits that
he did offer and endeavour to persuade the said
and others of the crew of the
said ship, to take
shillings per month, which he considered to be the usual
and fair rate of wages, but that they refused to take the same, and the respondent, rather than delay
the sailing of his ship, then fully loaded, until he obtained mariners at a lower rate of wages, which he
had no doubt he could have done, was induced to comply with their demands; and although the
respondent did then, as he does now, consider that the said
and the others of
the crew who acted with him therein, took advantage of his situation to extort a higher rate of wages
than was usually given at the time, he denies that he was much irritated against the said
or that he did, either alone or in conjunction with
any opportunity during the voyage to make the said
on the most frivolous or on any occasions, and without any just cause, swear at and abuse him; and
further answering the respondent saith, he denies that, on the occasion of the said ship coming to an
anchor in the
on or about the
the said
upon being found fault with and reproved by the respondent, did not conduct and behave himself in
a most insolent manner towards the respondent, or that he did say "he would be damned if he would
do any duty that he did not think proper or approve of," and that he would not be controlled by the
captain in what he should do, as he was not on board a damned man of war;" and he saith that
such the conduct and behaviour of the said
did tend to produce disorder, insubordi-
nation, and mutiny amongst the rest of the crew; and the respondent denies that on the said occasion
there were so many of the crew employed as to be in each other's way, and that the said
in consequence thereof quitted the cable and went to put the pot on the fire for making breakfast, or
that he, this respondent, putting himself into a passion, asked the said
business he had to leave the cable, or that he, the said
in answer to such question, and he denies that he the respondent used the expression articulate or any
opprobrious epithets to that or the like effect towards the said
and further or

,

day of

the chief mate, take every or

uncomfortable, nor did he

what

, expressed himself as articulate

otherwise the respondent denies and disbelieves the said position or article to be true.
To the second position or article of the said allegation this respondent answering saith, he admits Second.
and confesses that in the third article of the said allegation given in and admitted in this cause on his
behalf it is alleged and pleaded in the words or to the effect recited; and further answering the
respondent saith, he admits that it is customary when at sea to serve out to every mariner a certain
quantity of peas and flour, together with salt provisions, but the respondent disbelieves that upon
various occasions during the said voyage the steward only served out to the said

and two or three others of his shipmates, salt beef and biscuit whilst the rest of the crew had the usual
allowance of peas and flour, and he expressly denies that he ever gave the steward any order to do so,
and he disbelieves that the said steward ever stated that he had received such orders from him; and
this respondent admits that the said
did on one occasion, being the occasion
mentioned in the said recited third article of the said allegation, given in and admitted on behalf of
this respondent, bring a piece of beef to him, but he denies that the said
humbly
complained of the deprivation he suffered or requested the respondent to authorize the steward to give
to him the customary allowance; and this respondent further answering saith, that he denies that on
such occasion he flew into a violent passion, and swore at and abused the said

as articulate, although he did reprove him for his improper behaviour at the time; and he denies that
the said
did thereupon, without making any reply, leave the said.

or that he did not swear at the respondent and conduct himself in a most insubordinate manner as
pleaded in the second recited article, or that he behaved himself in an orderly and obedient manner to