Province of the Massachusetts Bay Court of Vice Admiralty at Boston

Before the Honble Nathl Hatch Esqr Deputy Judge, Surrogate, & Commissary of Said Court

Be it remembered that on the Eighteenth day of September in the year of Lord 1775 & in the fifteenth year of the reign of his Majesty George the third of Great Britain & King ー John De la Touch[e] Esqr Commander of his Majesty's Armd Schooner the Halifax & a Commissioned officer of his Majestys Fleet, & an officer of his Majesty's Customs who prosecutes as well in Behalf of his said Majesty as for himself comes into Court, & Libel, propounds, & gives the said Court to Understand, & be Informed, That on the twelfth day of Sepr Instant, he seized as forfeited, at Sea, to wit off the Harbour of Plymouth in said Province of the Massachusetts Bay, The Brigantine Industry, whereof John McFarland was then Master, together with her Boat, Sails, Rigging, Cables, Anchors, Tacke!, Apparel, Furniture & appurtanances; and also one hundred barrells Tarr, Four Thousand of Staves ー Eighteen Casks Pearl-Ashes & Three hundred & thirty five Casks Sperma-Cati & Whale Oil ー For that the said Tarr Staves, Pearl Ashes, & oyl, were since the first day of July last laden, & taken on Board the said Brigantine in the said Province of the Massachusetts Bay, without any Bond or Bonds having been given as by Law required with Condition that said goods so loaded on board said Vessell as aforesaid should not be landed or put on Shore at or upon any Land port, or place, other than & Except some port or place within the Kingdom of Great Britain or Ireland, or some of the British Islands of the West Indies; and the said Goods were found on board said Vessel without any Certificate that such Bond or Bonds has been given: And for that also the said Staves Oyl, Pearl Ashes & Tarr were Laden on board the said Brigantine in the said Province without any Bond having been first given in the penal Sum of One Thousand pounds Sterling as by Law required with Condition, That said Staves & Oyl should not be landed at any port of Europe to the Northward of Cape Finistere except in Great Britain or Ireland, & without any such Bond having been first legally given that the said Pearl ashes & Tarr should [one completely blurred line] Plantations ー All which is contrary to Law & to the Statutes in such cases made & Provided; By means whereof & by force of the same Statutes, The said Brigantine, with her Boat & all other her appurtanances aforesaid and all the said Goods & Articles on board her as aforesaid are forfeited & to be divided paid & apply'd in Manner following; to wit after deducting the charges of prosecution from the gross produ[ce] of the [same] one moiety of the net produce to be paid [into] the hands of the Collector of his majestys customs for the port or place, where said forfeiture shall be recover'd for the use of his Majesty, his Heirs & Successors & the other moiety to him who seiz'd & now Informs & sues for the same; Subject to such further Distribution as by Law appointed ー

Wherefore as this is a Matter properly within the Jurisdiction of this Honble Court, the said Jno De. la. Touche prays the advisement of the Court in the premises; & that the proper process may Issue thereon & that by Virtue thereof the said Brige & all her sd Appu[rts] & all the sd Goods & Articles on board her may be taken into Custody by the Marshall of said Court, & on due proceedings had [blurred] that the same may be Decree of this Honble Court be adjudged to be & remain forfeited & to be divided paid & applyed in Man[ner] & to the uses aforesaid.

Sepr 21, 1775. Filed and allowed and order'd that the Said Brigantine Industry and appurtanances & Cargo be Arrested and taken into Custody by the marshal of this Court, and kept in safe custody, and that all persons claiming property therein be Cited to appear at a Court of Vice Admiralty to be held at Boston on the 30th day of September instant at ten of the Clock in the forenoon and sh[ew cause] (if any they have) why the same should not [be] decreed forfeit.²

Nath^l Hatch D Judge