Page images
PDF
EPUB

property so claimed by him with interest from the date hereof, with the costs of the action.

[Service of copy and justification as upon undertaking by defendant; see Form 916.]

B. VESSEL (CLAIMS OF THIRD PERSON).

FORM No. 877.

Affidavit of claimant (or his agent) of a vessel attached.1

[Title of court and action.]

[Venue.

M. N., being duly sworn, says:

I. That an attachment issued in the above entitled action has been levied by the sheriff of the county of

, on the [nam

],

ing vesselor, on the share or interest of Y. Z. in the a vessel belonging to the port of , in [name of State or nation], as if the said vessel was in whole or in part property of the defendant herein.

II. That neither said vessel, nor any share or interest therein, belongs to said defendant, but said vessel belongs [and if a foreign vessel may add as deponent is informed and believes], who resides at and that deponent is agent at [name of claim

to

ant].

[ocr errors]

in

for said

[ocr errors]

[If the application be ex parte, state as to previous application, and if an order to show cause be asked for (see Form 816, make the same statement and show the condition of the cause.2] [Jurat.]

FORM No. 878.

[Signature.]

Order appointing appraisers of domestic or foreign vessel attached.3 [Name of] Court [or, if court order]

[Title of action.]

At a Special Term [etc., as in Form 820, p. 1174.]

Upon the annexed affidavit of M. N., verified the

[ocr errors]

day of

19 [and on proof of due notice to the plaintiff herein,

[ocr errors]

1 N. Y. Code Civ. Pro., § 660 (domestic vessel); id., § 666 (foreign vessel).

2 In case of a foreign vessel the statute expressly requires notice, but

it may be such as the court or judge deems reasonable to the plaintiff. N. Y. Code Civ. Pro., § 667.

3 Under N. Y. Code Civ. Pro., §§ 660, 666, this order must be made

given according to the direction of this court], and after hearing M. T., attorney for the claimant, and A. T. [or, no one appearing] for the plaintiff in opposition; now, on motion of M. T., attorney for [name of claimant]:

ORDERED, that Q. R., of

S. T., of

R. S., of

three indifferent persons, be and they hereby are appointed appraisers to make a valuation of said vessel [or of said one-half share or interest in said vessel].

[Authentication, as in Form 818.]

FORM No. 879.

Appraisal of vessel or interest therein attached.4

[Title of court and action.]

The undersigned [names], appointed by [the annexed] order herein, dated [or, entered] the

-day of

[ocr errors]

in

19

[or if

[ocr errors]

not annexed, recite it, as thus:] to make a valuation of the a vessel belonging to the port of and attached [or, a share in which has been attached] herein, as the property of the defendant Y. Z., and which is claimed by O. P., of , hereby report that we have made a valuation of said vessel [or, share or interest in said vessel], and find that the value of the same is the sum of

dollars.

[blocks in formation]
[ocr errors]

Q. R., R. S. and S. T., of appointed by the order mentioned in the annexed [or, foregoing] valuation, being severally duly sworn, each for himself says: That the said valuation is in all respects just and fair, and that the value of the vessel [or, share or interest in the vessel] therein mentioned is truly stated therein according to the deponent's belief.

[Jurat.]

[Signatures.]

[Under N. Y. Code Civ. Pro., § 661, the valuation and oath are to be immediately returned to the court or judge.]

by the court or judge thereof; and, in case of a foreign vessel, upon such notice to the plaintiff as the court or judge deems reasonable.

4 N. Y. Code Civ. Pro., § 661.

5 To be annexed to or indorsed on the appraisal. N. Y. Code Civ. Pro., § 661.

FORM No. 881.

Undertaking by third person claiming release of domestic vessel attached.6 WHEREAS, an attachment issued in the above entitled action against the property of the defendant, Y. Z., has been levied by the sheriff of the county of , upon the [name of vessel]

at

[ocr errors]
[ocr errors]
[ocr errors]

[State or

has claimed said vessel or the

a vessel belonging to the port of country]; and M. N., of share or interest therein levied on; and appraisers duly appointed have, by a valuation duly returned to [Hon. J. K., a judge of] this court, valued said vessel [or, interest or share in said vessel] at the sum of

dollars.*

Now, THEREFORE, we [name and residence of claimant or his agent; and name and residence, of sureties] do hereby, jointly and severally, undertake to and with the said sheriff, and pursuant to the statute, that, in an action to be brought on this undertaking, the said [name claimant] will establish that he was the owner of the said vessel [or, share or interest], at the time of the levy thereupon; and that, in case of his failure to do so, he will pay the amount of the aforesaid valuation, with interest from the [date of the undertaking] to the sheriff; or, if the warrant is vacated or annulled, to the defendant, or his personal representative.

[Date.]

[Signatures.]

[Acknowledgment, as in Form 822; Affidavits of sufficiency, in twice the appraisal, as in Form 823; Approval, as in Form 824. Deliver to the sheriff, with the valuation and oath, within two days. after return of appraisal.]

FORM No. 882.

Order releasing domestic vessel attached.7

[Name of] Court [or, if court order] At a Special Term [etc., as in Form 820 of this volume, p. 1174].

[Title of action.]

Upon the annexed certificate of the sheriff acknowledging the delivery to him [or, affidavit of M. N., showing the delivery to the sheriff] of the undertaking and approval, and the valuation and oath, copies of which are hereto annexed, and upon the warrant of attachment and order for appraisal heretofore filed herein, and on motion of said M. T., attorney for said M. N.:

6 N. Y. Code Civ. Pro., § 662. This undertaking must be executed by the claimant or his agent. Id.

7 May be ex parte. If so, present and recite affidavit as to previous application. See Form 817.

ORDERED, that the [name of vessel] of

[or, the share or interest in the vessel] mentioned in said undertaking be forthwith discharged from said attachment by the sheriff upon service of this order upon him.

[Authentication as in Form 818.]

FORM No. 883.

Undertaking by plaintiff to prevent release of foreign vessel attached.8 WHEREAS, an attachment heretofore issued in the above-entitled action against the property of the defendant, Y. Z., has been levied by the sheriff of the county of , upon the [name of ressel], at , a vessel belonging to the port of , in the [name of State or nation]; and M. N., of has claimed said vessel [or, the share or interest in said vessel levied on]; and appraisers duly appointed have, by a valuation duly returned to [Hon. J. K., a judge of] this court, valued said vessel [or, interest or share in said vessel] at the sum of

dollars.

Now, THEREFORE, we, the undersigned [names and residences of sureties], do hereby, jointly and severally, undertake to and with the [name of claimant], and pursuant to the statute, that we will pay such damages as may be recovered for seizing the said vessel [or, share, or interest in said vessel], in an action brought against the sheriff, or A. B., the plaintiff in the attachment, within three months from the approval of this undertaking, if it appears therein that the vessel, [share, or interest] belonged, at the time of attaching it, to said M. N., in whose behalf the aforesaid claim is made.

[Date.] [Signatures.] [Acknowledgment, as in Form 822; Affidavit of sufficiency in

twice the appraisal, as in Form 823; Approval, as in Form 824. Deliver within three days after return of appraisal.]

FORM No. 884.

Order releasing to claimant foreign vessel attached.9

[Name of] Court [or, if court order] At a Special Term [etc., as in Form 820 of this volume].

Upon the annexed affidavit of M. N., showing that no undertaking has been delivered or given to him, pursuant to law, to pre

8 N. Y. Code Civ. Pro., § 668.

9 Under N. Y. Code Civ. Pro., § 669, this order must be made by the court

or a judge thereof and may be ex parte. If so made, present affidavit as to previous application. See Form

day of

19 "

vent the release of the [name of vessel] mentioned in the valuation and oath dated the , a copy of which is hereto annexed; and upon the warrant of attachment and order for appraisal heretofore filed herein on the

19

day of

; and on motion of M. T., attorney for said M. N.: ORDERED, that the [name of vessel] of

[or, the share or interest in the vessel] mentioned in said undertaking be forthwith discharged from said attachment by the sheriff upon service of this order upon him.

[Authentication as in Form 818.].

FORM No. 885.

Affidavit of defendant to obtain release of foreign vessel when attachment has been vacated after undertaking given.10

[Title of court and action.]

[Venue.]

M. N., being duly sworn, says:

I. That he is [the agent at

of vessel] of

of] the owner of the [name

, on whose claim said vessel, after having

been attached in this action as the property of the defendant, Y. Z., was duly appraised at the sum of dollars, as appears from the warrant of attachment and return thereof, and the order appointing appraisers and the sworn valuation returned by them

filed herein on the

day of

day of

[ocr errors][merged small]

II. That the said warrant of attachment has been vacated or annulled [or, has been discharged as to said—or, the share or interest in said attached vessel] by an order dated [or, entered] herein on the 19 and that deponent [as agent of said claimant] is entitled to the possession thereof [or, if it has been sold, state the fact, and the amount of proceeds in the sheriff's hands or in the court].

[ocr errors]

III. That the undertaking given by plaintiff on the

[ocr errors]

day of

19, to prevent the release of said vessel has been discharged and cancelled, and surrendered to the plaintiff on the day of

at

IV. [If application is ex parte, state as to previous application; see Form 817. If an order to show cause is asked, state as to

10 N. Y. Code Civ. Pro., § 670.

« PreviousContinue »