Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1854-01-28
SUPREME COURT.-In Admiralty.
Decision Of Chief Justice Lee.
Thomas Spencer }
Bailey s. Gilbert.

permission of the Court, by William Fell
and others, Of San Francisco, California,
setting forth that they are the real and bona
| fdc owners of the ship "Nile," attached in
this suit; and that they were such owners at
the time Of the seizure of said ship; and con-
cluding with the prayer that the attachment
may be dismissed, with costs against the IL
belIant.
Upon the filing of this claim, the libelant
comes in and moves the Court 10 treat il as a
nulity; and that the default entered against all
parties not intervening, shall be made abso-
| lutte as against the claimants, for the follow
ing reasons, VIZ
| l. The claim is not verified by oath, as it
should be.
2. The title upon which the claim is based
| is not set forth; and therefore is insufficient,
uncertain, and cannot be answered.
| g. The claim is unaccompaned by any
stipulation for costs and damages, as required
in such cases.
| 4. The parties appearing as Proctors
show no authority for their appearance in
behalf of the claimants; and until this is
shown, the claim cannot be treated as real.
| cannot grant the motion TO treat this
claim as nullity, and make absolute the
default as against the claimants; for the
practice of our Court in Admiralty matters
has not been so fully established, as to justi-
| fly us in turning the claimants out of Court
on either Of the points raised by the libellant
in his notion The claimants may have
committed errors, which call for the direction
of the Court 10 set them right, but they are
not such errors as are fatal to their claim.
The first point made is, that the claim
should have been verified by the oath of the
parties, or, in case of their absence, by their
authorized agent. The rules Of admiralty
practice in other countries require that a
claim of this kind should be made, and veri-
fed by the oath Of the party in whose behalf
it is interposed, when he resides in the cOun-
try or within a convenient distance; but when
he resides out of the country, it may be in
terposed and verified by an agent. Vide
Dunlap's Admiralty Practice I6l, l62. 16l,
l66. Conkling's Ad. Pr. SIS, $40 The
reason and justice of this rule are too obvious
TO require comment; and we hereby order
that it be followed in this case, and in all fu-
ture cases arising in this court Of like ma
ture. Where owners interpose, as in this
case, they should verify their claim by oath,
stating that they are the true and bona fde
owners of the. property, and that no other
person has any interest therein.
The next ground taken is, that the claim
is not set forth with sufficient certainty; and
therefore, that the libeIant ought not to be
compelled to answer the same. The claim
ants allege in general terms that they are
'the real and bona fde owners of the ship
Nile, seized at the suit of the libellant, and
were at the time of said seizIre;" and this
they say is sufficient. This general allega-
ton, say they, means that we are owners by
bill of sale, just as plainly as if the whole
transaction was set forth in detail. Evidence
of such bill of sale has been once submit
ted to the Court, and in our opinion 1t should
be incorporated in the claim, in order that
the adverse party may be fairly and fully ap-
prised of what he has TO meet. Let US have
a specification of the manner, time, place,
occasion and "a other Incidents of the sale. IL
do not say that in claims of this kind 1t IS
necessary to set forth at great length all the
minute details Of the claim, but the statement
should be clear and certain as 10 ITS main
circumstances. The loose and general ale
CATION of ownership is insufficient; Tor II
does not fairly apprise the other party OF the
nature and import of the evidence 10 De ao-
duced in support Of such allegation
The third point is, that the claim IS unac-
companied by any stipulation for costs and
damages, which may be decreed against the
claimants, and should therefore be treated
as nurity. There is no doubt that claim
of this nature should be accompanied by al