Shanghai, 10th April, Before 0. N. Dexxy, Esq., Consul-General, silting as Judge.
The consolidated cases arising out of the collision between the steamer Prxa-ox"
and the brig Coxpor."
Mr. A. Rosrssox appeared on behalf of the Condor.
Mr. W. V. Drustuoxp appeared on behalf of the Ping-on.
It will be remembered that on the 21st of February last, Mr. D, H. Bailey, late Consul-General, rendered judgment in these cases whereby the tug-boat fokelin, which had the Condor in tow at the time of the collision, was eld solely to blame; and by an order of the Court, dated lst March, the owners of the Fotelin, Mr. Clement Phinney Blethen, and Captain C. H. Welle and others, trading der the style of the Shanghai Tug-boat ordered to pay the sum of Mr, Roprysoy now moved the Court on the following motion and afridi 5th April, 1880, In the consolidated causes of collision.
The Ping-on, McCaslin, master, and Andrew A. McCaslin for himself and others, libellant; Clement Phinney Bl and Captain and others trading under th Shanghai Tug-boat As Clement Phinney Blethen, owner of the brig Condor, defendants. won, Proctor of Record for the libellant in the first abo cause, and for the defendants in the second hove-mentioned cause, moves that exeouof this Honourable Court he 31st day of March, 1880, where Glement Phinney Blethen and ordered to pay to the said Andrew A. McCaslin the sum of dollars three thousand three hundred and sixty-six, and cents ninety. ($3,366.99) stayed until the determination of the appeal to the United tates Court for istrict of California sairist the judgment of this Court in the above causes pronounced on the 2ist day of February, 1880, whereof notice was filed in this Court on the 23rd day of February, 1830, and that until cause be jainat this motion all further proceedings in the above causes be stayed, And the said Proctor further moves that the order dated the 31st day of March, whereby the said Clement Phinney Blet and ©. H. Wells are ordered to pay the sum of dollars three thousand three hundred and sixty-six and ninety-nive cents ($3,366.99) he amended by adding thereto after the words "OE. H. Wells" in the body thereof, the words, "as part owners of the tug-boat Fokelin and as partners in the Shavghai Tugboat Association.'
(Signed) A, Rostssox.
In Admiralty, In the consolidated causes of collision, the Pingon, McCaslin, master, and Andrew A. MeCaslin for himself and others, libellant; v. Clement Phiuney Blethen and Captain C, H. Wells and others trading under the style of the Shanghai Tug-boat Association, and Clement Phinney Blethen, owner of the brig Condor, defendants. I, Alfred Rotinson of No. 4. Balfour Buildings, Shanghai, Proctor of Record for the libellant in the first abovementioned cause, and for the defendants in the second above-mentioned cause, make oath and say—That the said Clement Phinney Blethe libellant in the first above-men and the said Clement Phinney Blethen Wells, the defendants in the second above-mentioned cause, hav to appeal to the United States for the District of Californ judgment of the Court in th pronounced on the 2st day of February, 1880, and that I am proceeding with the eaid appeal as fast as circumstances will admit.
2—That for the purpose of I have bespoken from tle Court here a copy of the necessary record which will have to be forwarded to the said Circuit Court, and that expect that in less than a fortnight from the present time the said appeal will go forward to the eaid Circuit Court.
—That an order of this Court dated the
Bailey, Consul-General, Judge," came to me by post from the United States Consulate-General here at 2 o'clock in the afternoon of the 2nd day of April, 1880.
—That the said last-mentioned order was made without any notice to me, and bears date before any report had been made by the special commissioner to take testimony of the amount of damages as ordered by the said Court dated the lst day of February, 1880, and that up to the morning of the 3rd day of April, 1880, no such report, to the best of my knowledge and belief, had been filed, and that up to the time of swearing thi affidavit, the said Clement Phinney Blethen and C. H. Wells have had no proper oppor tunity for excepting as to the same, 5.—Vhat the said order of the let day of March, 1880, is not in accordance with the terms of the said decree of the let day of February, 1880, because it omits to state in What capacity the said Clement Phinney Blethen and C, H. Wells are directed to pay the monies therein mentioned.
(Signed) A. Rontssoy. Sworn before me, this Gth April, 1880, (Signed) B. R. Laws, Clerk of the Court, In reply to the foregoing, Mr, Druanroyp filed the followin,
Text read from the printed page and cleaned; old type leaves the occasional error.