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PRESENTATION OF PETITION BY NEXT FRIEND.

143

SPECIAL RULE.

(Adopted March 7, 1876.)

In case of any claimant who may desire to present a claim under the provisions of an act entitled “ An act to extend the time for claimants, under section eleven of chapter four hundred and fiftynine of the laws of the Forty-third Congress, to prove their claims," approved March 6th, 1876, and who may be absent from the United States at the time of the making or of presenting his petition, sucò petition may be presented and verified by the attorney in fact of such claimant, or by any agent specially authorized thereto, or by any person acting as agent or next friend; but in every case of a petition filed without precedent authority specifically given, the court will require subsequent ratification of such petition or claim by the claimant. Such agency or ratification shall, in every case, be duly established by proof to the satisfaction of the court.

V. FORM OF PETITION.

(BY SAILOR FOR LOSS OF PERSONAL EFFECTS AND WAGES.)

COURT OF COMMISSIONERS OF ALABAMA CLAIMS.

JOHN DOE, Complainant,

VS.
THE UNITED STATES, Respondent.

No...

IN THE MATTER OF THE SHIP

DESTROYED BY THE “ ALABAMA.”

To the Honorable Justices of the Court of Commissioners of Alabama

Claims :

.

Respectfully represents your petitioner as follows:

My name is John Doe. I was born at ... Maine, on the ... day of . . . . . A. D. 18—; and from the 13th day of April, 1861, to the 9th day of April, 1865, inclusive, I resided at Boston, Massachusetts, though absent at sea, as hereinafter set forth. I am a citizen of the United States. I have never been naturalized in any other country, nor have I ever taken any steps thereto. I further state that I bore true allegiance to the United States during the late rebellion, and I was at the time of loss entitled to protection in the premises.

I shipped as seaman on board the ship ..... at New York, on the 13th day of January, 1863, at fourteen dollars a month, for a three years' voyage, and was paid one month's advance. The ship sailed 15th January, 1863, from New York for San Francisco. On the 2d July, 1863, in about latitude 25° 29' south, longitude 37° 46' west, the ship was captured by the so-called insurgent cruiser “ Alabama," and burned. By reason thereof I wholly lost my personal effects to the value of $273.50, as follows:

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I lost four months' wages, for which I claim $56. I tried my best to get employment, but did not succeed until more than a year after said 2d July, 1863. I therefore respectfully claim an allowance of twelve months' extra wages, or $168. My actual expenses of getting home were $57. My total claim is therefore $ 554.50, with interest at 4 per cent from said 2d July, 1863, viz. :

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At the time of said capture there was no insurance upon any of the within-named personal effects, nor have I, my assignees or legal representatives, received at any time, or in any way, compensation or indemnity for the loss of said effects, from any insurance company, insurer, or otherwise; nor has any assignment or transfer of my interest in said effects or wages, or in this claim for the loss thereof by said capture, ever been made by me, or by my legal representatives, to any person or corporation.

Wherefore your petitioner brings this claim, and prays your Honors to consider the same and award judgment thereon in the amount of damage by him sustained.

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day of . A. D. 18. . before me personally appeared the above-named John Doe, who subscribed the foregoing petition in my presence and made oath to the truth of the facts therein stated.

J. R. M. [SEAL.]

Notary Public VI. OPINION

IN THE CASES OF THE “WINGED RACER."1

COURT OF COMMISSIONERS OF ALABAMA CLAIMS.

May 28, 1875.

Present : HON. HEZEKIAH G. WELLS, Presiding Judge.

KENNETH RAYNER,
WILLIAM A. PORTER,
CALEB BALDWIN,
HARVEY JEWELL, Judges.

No. 278. — HENRY W. HUBBELL v. UNITED STATES.

No. 279. — CHAS. A. SHERMAN ET AL. v. UNITED STATES.
No. 1131. – EDWARD H. GILLILAN V. UNITED STATES.

The measure of damage for goods destroyed by the Confederate cruisers is the value

of the goods at the place and time of shipment, with charges and marine insurance actually paid, with interest on the aggregate so produced, from the time of

shipment till the date of destruction, at six per cent. The measure of damage for loss of freight in cases when freight has begun to be

earned is the net freight, which is to be found by deducting from the gross freight the expenses of completing the voyage, and of discharging the cargo at the port of destination, including all inward port charges and disbursements, with a further deduction of a proper sum for the depreciation of the vessel while performing the remainder of her voyage, and of interest on the valuation of the vessel from the date of her destruction to the time of her probable arrival if the

voyage had not been interrupted. In fixing the value of goods purchased with coin or currency other than the legal

tender currency of the United States, the value of coin in currency at the date of purchase will be taken, when payment was actually made in coin at that time ; where payment was actually so made at a subsequent time, the value of coin at that time will be taken, if the payment was made according to the usual course of trade. If not made according to the usual course of trade, the value of coin will be computed at the lowest rate, whether at the time of purchase or at the time when payment would have been made in the usual course of business, or when the payment was actually made.

1 Report from the Secretary of State, with accompanying papers, relating to the Court of Commissioners of Alabama Claims. 44th Congress, 2d Session, Senate Ex. Doc. No. 21. Washington : Government Printing Office, 1877.

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