The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1917-03-13
Judge Sheppard Rules That
Notice of "a Hours
Must Be Given
SHIPS HAD BEEN
UNJUSTLY LIBELED
Amendment of Admiralty
Rule III Important to the
Ports Development

Ruling that no vessel can be libeled
under the pauper's plea in the federal
court, unless "a hours notice is given,
Judge William B. Sheppard yester-
day amended Rule III in admiralty,
governing the court for the Northern
District of Florida, in a special order.
The law is expected materially to
curtal activity against vessels here
which, frequently hbeled, it is said,
for insufficient reasons, are held in
| port several hours to settle the case.
1t is stated that in many cases, the
libel is not filed until the boat is
ready for sea and preparing to sail.
In such cases the rule of the court
would prevent action.
Following is rule III, of the court,
with the amendment:
The Old Rule.
In cases where the party makes an
affidavit before the clerk of the court
that owing to his poverty he is I'M
able to pay costs of suit, or enter
into or procure stipulation or bond
for the same security as provided,
! and that to the best of his belief he
is Justly entitled to the relief he
seeks, he may, upon filing said affi-
davit with the clerk, commence and
prosecute to determination his action.
| either in rem or personam, without
further security, provided that there
be filed with the libel the certificate
of a reputable proctor of this court
to the effect that he has investigated
the case set forth in the libel and
believes the libellant has a good cause
of action.
The Amendment.
Following is the order of the court
| providing for the amendment:
Rule III of the Admiralty Rules of
the District Court of the Northern
District of Florida be and the same
is hereby amended by adding the fol-
lowing at the end of said rule after
the word action:
Also in cases of foreign seamen
suing for wages and all other per
sons libeling foreign vessels for per-
sonal injuries, no process in rem
without the usual stipulation shall is
sue against any such vessel except
upon proof of twenty-four hours
notice of the filing of the libel for
opportunity of the master or other
adverse party to appear and resist
such process, unless the libellant
shall show to the judge, or the clerk,
in the absence of the Judge BY affi
davit that there is imminent danger
that the vessel will depart the port
before the expiration of such notice,
when the judge or clerk, for good
cause shown, may issue process as
prayed.
To be pasted as amendment to
Rule III, on page 8, of Admiralty
Rules.
Done and ordered at Pensacola, this
the 18th day of March A. D. 1917.
W. B. SHEPPARD,
Judge.
The following congressional enact
ment of June %, 1910, also applies:
Be it enacted, etc, That section
/ one of an act entitled can act provid-
ing when plaintiff may sue as a poor
person and when counsel shall be as
SlSlA ny tIiG COuI y dppIOFCI July
20, 1892, be, and the same is hereby
amended so as to read as follows:
"That any citizen of the United
States entitled to commence or de-
fend any suit or action, civil or crimi-
, nal in any port of the United States
may, upon the order of the court,
commence and prosecute or defend to
conclusion any suit or action or writ
of error, or an appeal to the circuit
court of appeals, or to the supreme
court in such suit or action, including
all appellate proceedings, unless the
trial court shall certify in writing
that in the opinion of the court such
appeal or writ Of error is not taken in
| good faith, without being required to
prepay costs or for the printing of
the record in the appellate court or
give security therefor, before or after
? bringing suit or action, or upon suing
out a writ of error or appealing,
] upon filing in said court a statement
! under oath IN writing that because
= of his poverty he is unable to pay
costs of said suit or action or of such
writ of error or appeal, or to give Sc
curity for the same, and that he be-
/ lieves that he is entitled to the redress
= he seeks by such srit or action, or
=. writ of error or appeal, and setting
) forth briefly the nature of his alleged
cause of action of appeal"