The American Admiralty, Its Jurisdiction And Practice, With Practical Forms And Directions
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In our eReader you can find the full English version of the book. Read The American Admiralty, Its Jurisdiction And Practice, With Practical Forms And Directions Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The American Admiralty, Its Jurisdiction And Practice, With Practical Forms And Directions
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The prima facie claim, or rather notice of claim, the filing of which is necessary in order to enable a claimant to answer the libel and contest the right of the petitioner either to an exemption from lia- bility, or to a limitation of liability, or both,^^* need be merely a verified statement, or affidavit of the nature, grounds and amount of the claim, and what payments, if any, have been made on account, with a bill of particulars giving the respective dates and amounts, if the claim consist...s of several different items.^'" Where the claim is in tort, a verified statement should be filed, in form somewhat similar to a brief libel showing the grounds on which the claimant bases his right to damages, and closing with a prayer for the allowance of the amount sought as damages. It should be filed before the return day of the monition. But see ante, § 548. No further proof of the claim than such notice of claim is or should be required until after the hearing by the court of the merits of the petitioner's application for limitation of his liability or for total exemption from liability ; for, until the hearing and decree thereon, it cannot be known whether or not there will be any fund for distribution.^^^ But any claimant, or the petitioner himself, may file an objection to any claim and thus reserve the right to contest the same before the commissioner, if the matter is returned to the commissioner for further proof of claims after an interlocutory decree of the court holding the petitioner wholly or partly liable.
What to read after The American Admiralty, Its Jurisdiction And Practice, With Practical Forms And Directions?
You can find similar books in the "Read Also" column, or choose other free books by Erasmus Cornelius Benedict to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The prima facie claim, or rather notice of claim, the filing of which is necessary in order to enable a claimant to answer the libel and contest the right of the petitioner either to an exemption from lia- bility, or to a limitation of liability, or both,^^* need be merely a verified statement, or affidavit of the nature, grounds and amount of the claim, and what payments, if any, have been made on account, with a bill of particulars giving the respective dates and amounts, if the claim consist...s of several different items.^'" Where the claim is in tort, a verified statement should be filed, in form somewhat similar to a brief libel showing the grounds on which the claimant bases his right to damages, and closing with a prayer for the allowance of the amount sought as damages. It should be filed before the return day of the monition. But see ante, § 548. No further proof of the claim than such notice of claim is or should be required until after the hearing by the court of the merits of the petitioner's application for limitation of his liability or for total exemption from liability ; for, until the hearing and decree thereon, it cannot be known whether or not there will be any fund for distribution.^^^ But any claimant, or the petitioner himself, may file an objection to any claim and thus reserve the right to contest the same before the commissioner, if the matter is returned to the commissioner for further proof of claims after an interlocutory decree of the court holding the petitioner wholly or partly liable.
What to read after The American Admiralty, Its Jurisdiction And Practice, With Practical Forms And Directions?
You can find similar books in the "Read Also" column, or choose other free books by Erasmus Cornelius Benedict to read onlineMoreLess
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