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_____________________________________________________
Defendant.
PLAINTIFF,__________________________, by and through its
attorneys _________________________________________, having
appeared and made the following recitals:
1.
On_______________, 20____, the Complaint herein was filed
praying that the vessel ____________________________, her
engines, tackle, apparel, furniture, equipment and all other
necessaries thereunto appertaining and belonging, be
condemned and sold to pay Plaintiff's demands and claims and
for other proper relief.
2. On_______________, 20____,
the Clerk of this Court issued a Warrant of Arrest of Vessel
commanding the United States Marshal, for the Northern
District of New York, to arrest and take into custody the
Defendant vessel and to detain the same in his custody until
further Order of the Court.
3. It is
contemplated that the United States Marshal will seize the
Defendant vessel forthwith. Custody by the United States
Marshal requires the services of one or more keepers alone
and not including charges for wharfage and the other
services usually associated with safekeeping vessels similar
to this vessel.
4. The
Defendant vessel is currently berthed at
_____________________________________________________________,
who has agreed to assume the responsibility of safekeeping
the said vessel and has consented to act as the custodian
upon order of this Court, all for a sum, including wharfage
and routine services required for the safekeeping of the
particular vessel, at a rate of
$____________per_____________. The United States Marshal is
unable to perform or to have performed at a comparable rate
these same services. Additional services to be performed by
______________________, will include _____________________,
(e.g., pumping), which services are to be performed at
separate costs, not to exceed $__________. In any case, the
transfer of the Defendant vessel to the substitute custodian
for safekeeping will not be effected until the Court
approves such custodianship and all such charges have been
paid by the moving party.
5._______________________________________(Substitute
Custodian) by affidavit appended hereto as Exhibit____ and
made a part hereof, avers that he has adequate facilities
and supervision for proper maintenance and safekeeping of
the vessel, her engines, tackle, appurtenance, furnishings,
[cargo], etc., and has presented proof of insurance to the
United States Marshal sufficient to respond in damage to the
defendant [attached] vessel, her engines, tackle,
appurtenances, furnishings, [cargo], etc., or for damage or
injury sustained by third parties due to any acts, faults,
or negligence of said substitute custodian or its agents, it
is
ORDERED
that the plaintiff [and/or the substitute custodian
(dependent upon who obtains the insurance)], in
consideration of the United States Marshal's consent to the
substitution of custody, shall indemnify, hold harmless, and
release the United States Marshal, the United States of
America, their agents, servants, employees, and all others
for whom they are responsible, from any and all liability
and responsibility arising out of the care and custody of
the vessel, her engines, tackle, appurtenances, furnishings,
[cargo], etc. from the date of the transfer of possession of
said vessel, her engines, tackle, appurtenances,
furnishings, [cargo], etc., and it is further
ORDERED
that plaintiff [and/or the substitute custodian (dependent
upon who obtains the insurance)] shall defend the United
States of America, the United States Marshal, their agents,
servants, employees, and all others for whom they are
responsible, against all claims and actions arising out of
said substitute custody and, further, shall indemnify and
hold harmless and be responsible to pay and satisfy all
claims and judgments that might arise out of said substitute
custody and shall be responsible and indemnify and hold
harmless the United States of America, the United States
Marshal, their agents, servants, employees, and all others
for whom they are responsible, for all attorneys' fees,
costs, expenses and disbursements incurred in defending
against such claims or actions arising out of said
substitute custody, and it is further
ORDERED
that the United States Marshal for the___________ District
of __________________ shall surrender the possession of the
Defendant vessel to the substitute custodian named herein
upon executing the warrant in this action, and it is further
ORDERED
that __________________________________be, and is hereby,
appointed the custodian of said vessel to retain the same in
his custody for possession and safekeeping for the
aforementioned compensation until further Order of the
Court, and it is further
ORDERED
that all United States Marshal's costs be paid prior to
release of said vessel, and it is further
ORDERED
that the substitute custodian must receipt for the vessel
and the United States Marshal must attest to the date and
time of release on a certified copy thereof, and it is
further
ORDERED
that Plaintiff's attorney will serve the owner of
Defendant
_________________________________ with a copy of this Order.
DATED this
______ day of_________________, 20_____, at
____________________________________.
_______________________________
United States District Judge
PRESENTED
BY:____________________________
Attorneys for Plaintiff
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