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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 __________ District
of_________, 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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