Maritime Salvage Law (2/3)
Sample Shipwreck Arrest Papers
Warrant of Arrest for the Wreck of the S.S. Carolina
IN the UNITED STATES DISTRICT COURT FOR the DISTRICT OF NEW JERSEY CAMDEN DIVISION JOHN B. CHATTERTON, Plaintiff, vs. The WRECKED AND ABANDONED VESSEL, known as the S.S. CAROLINA, which sank in 1918, her engines, tackle, appurtenances, and cargo located within one nautical mile of a point at coordinates 39d 0' 00" North Latitude and 73d 18' 00" West Longitude in rem, Defendant. WARRANT OF ARREST IN REM the PRESIDENT OF the UNITED STATES OF AMERICA TO: the MARSHAL OF the UNITED STATES FOR the DISTRICT OF NEW JERSEY
GREETINGS:
WHEREAS, on the 2 day of November, 1995, the Plaintiff, JOHN B. CHATTERTON, a private citizen and New Jersey domicile, filed a Complaint in rem against the Defendant the WRECKED AND ABANDONED VESSEL, known as the S.S. CAROLINA, which sank in 1918, her engines, tackle, appurtenances, and cargo located within one nautical mile of a point at coordinates 39d 00' 00" North Latitude and 73d 28' 00" West Longitude, now therefore, you are commanded to take into your possession the portions of said vessel which have now been brought up by the Plaintiff and brought within the jurisdiction of this Honorable Court.
YOU ARE HEREBY further commanded forthwith to cite and admonish the salvage from the Defendant vessel to be and appear before the District Court at the Clerk's office thereof, in said District within ten (10) days after service, and then and there, to interpose in writing a claim, and therewith or thereafter a responsive pleading to the Complaint filed herein within twenty (20) days following such claim or thirty (30) days after the service whichever is less, a copy of which Complaint you shall serve upon the salvage from the Defendant vessel with this Writ directing the in rem Defendant to serve a copy of its claim and of its responsive pleading upon the Plaintiffs attorney. And how you shall have executed this Writ, make known to the Court with your Certificate of Execution thereof written.
WITNESS THIS HONORABLE:
[Signed]
JUDGE OF SAID COURT CAMDEN, NEW JERSEY
Dated: November 5, , 1995
[Signed]
DEPUTY CLERK
UNITED STATES DISTRICT COURT,
DISTRICT OF NEW JERSEY
Dated: Nov. 5 , 1995
Appointment of Custodian
IN the UNITED STATES DISTRICT COURT FOR the DISTRICT OF NEW JERSEY CAMDEN DIVISION JOHN B. CHATTERTON, Plaintiff,
vs.
The WRECKED AND ABANDONED VESSEL, known as the S.S. CAROLINA, which sank in 1918, her engines, tackle, appurtenances, and cargo located within one nautical mile of a point at coordinates 39d 0' 00" North Latitude and 73d 18' 00" West Longitude Defendant.
APPOINTMENT OF CUSTODIAN
By virtue of a Warrant of Arrest in rem, issued out of the United States District Court for the District of New Jersey, Camden Division, in the above-captioned action, I have levied upon items salvaged from the Defendant vessel in Camden, New Jersey and now have the same in my possession, and I hereby appoint JOHN B. CHATTERTON, a private citizen and domicile of New Jersey, as Custodian of same to safely keep, and to allow no one to remove, molest, or in any manner interfere with the same, save upon the Order of the United States Marshal of this District. However, in lieu of written authority, the custodian can confirm this release by contacting the United States Marshal's Civil Desk at Camden, New Jersey.
DATE APPOINTED: 11-2-95
[Signed]
UNITED STATES MARSHALL
DATE RELIEVED:
[Signed]
DEPUTY MARSHALL
A Letter from John Chatterton to Fellow Divers (excerpt)
December 18, 1995
Fellow Diver,
As you are probably already aware, I have recently gone to Federal Court in Camden, NJ, to secure salvage rights to the wreck of the SS Carolina. I have been appointed Substitute Custodian of the wreck and have been authorized by the court to place it under arrest.
I went through all this trouble for two reasons:
- If I bring something of value up from the wreck, I want to be able to retain ownership. My concern is, of course, insurance companies not other divers.
- I wish to work on several extended projects without interference.
It is not my intention to restrict your access to the wreck, so long as my salvage projects and my access to the wreck are not interfered with. I have no interest in taking anything from your goodie bag, and I expect the same courtesy from you. Most of us have dived by this code all along, anyway.
At present, I am working on two, and only two, projects. First, the brass letters on the fantail spelling out "CAROLINA, NEW YORK". I have already removed the letters C, A, R, & N. Second, and more importantly, I have located what I believe is the Pursers Office and the safe. As time goes on, I will probably get involved in other extended projects, and I am certain that I will be bringing up other artifacts. In the mean time, I am not asking you to steer clear of anything that I have not already located and laid claim to, namely the stern letters and the Purser's Office.
If you are first to find the bell (or whatever), and you are able to bring it to the surface, then it belongs to you, and you will receive my congratulations. If I am first to find it and bring it up, then it is mine. It is just that simple.
Sincerely,
John Chatterton
Editor's note:
Chatterton has long ago recovered all the letters and purser's safe.
