Nova Scotia
Court of Vice
Admiralty |
 |
Cause
J Hanes Esqr Commander of his Majesty's Ship of War the Albany VS the Sloop William & Barbara & Cargo —
|
| 5 June 1777 |
|
Libell filed & entred, Order made thereon as on file Registers Office June 9th 1777 — |
George Harris, Purser of his Majes y's Ship of War the Albany, being duly Sworne, Deposeth, that on their Passage from New York to this Port of Halifax, they fell in with the Sloop, William & Barbara, on the 29th day of May last, being off of Cape Sables, that Joseph Hains, acting Captn of the Albany, order'd the Boat out and Boarded said Sloop, & found she was from St Lucas [Sanlucar de Barrameda], bound to, Perth Loaded with Salt &Wine, that she had been taken about six weeks before, by the Rebells, and was then in their Possession, that the former Master, & all the Hands, were taken out of her by the Rebells (except a Lad,) that the said Sloop is now safe in this Port, that the papers, now produc'd by the Advocate Genl, and filed in Court, No 1 to 6 were found on Board the said Sloop —
Sworne before Charles Morris junr Regr —
David Martin, Seaman on Board the Sloop William and Barbara, being duly Sworne, Deposeth, that he was Ship'd on Board said Sloop at Perth in Scotland — that on their Passage from St Lucas to Perth, being sixteen Leagues to the Southward of the Rocks of Scilly on the 15th of April last, they fell in with an American Privateer Brig, Commanded by one, John Clouston,2 who boarded and, took Possession of the said Sloop, took out the Captn & all the Hands except the Deponant, & mann'd the Sloop with Rebells, & then Shap'd their Course, for Marblenead or some Port in the Rebellious Colonies, that on or about the 27th of May, they fell in with the Albany Sloop of War who retook the said Sloop William & Barbara & brought her safe into this Port —
David Martin
Sworne before C Morris junr Regr
| 9th June |
|
Court open'd by makeing Proclamation as usual Proclamation, then made for all Claimers, none appeared.
|
The Evidence taken before the Register read &the Papers filed by the Advocate General No 1 to 5. read as on file. The Advocate General then moved that as no Claimer to the said Sloop and her Cargo had appeared to pay the Salvage & Charges, that she might be Sold to pay the same, which motion the Court took into Consideration and Ordered that the said Sloop and her Cargo be Sold at Public Auction under the direction of the Collector of his Majesty's Customs in whose Custody the said Sloop and Cargo is, & that the money be paid into the hands of the Register of this Court, and an Account of Sales thereof filed with said Register, Specifying the marks and numbers of each Cask of Package, for the further Consideration of the Court.
Court Adjourned to Wednesday the 18 June Instant. 18th June, Court opened by making Proclamation as usual. The Judge Ordered Proclamation to be made for all Persons Claiming property in said Sloop to Appear and Assert their Claims, none Appeared, the Advocate General then moved for a Decree which was pronounced as on file. Court adjourned without Day. — Halifax, 19th June 1777. Account of Sales of the Sloop William & Barbara taken by his Majestys Ship Albany, Alexander Thomson Esqr Agent.
| 216 hhds Salt@ 18/ |
|
£ |
194 .. 8.. 0 |
| 16⅞ Qr Casks Sherry Wine |
|
|
139 .. 4.. 4½ |
| The Sloop Wm & Barbara & Appurtenances |
|
|
270 .. - .. - |
| 1 Barrel Oatmeal |
|
|
13.. 9 |
| 2 bbs Beef Damaged & part of a Bbl Sound Do |
|
10 .. - |
| |
|
£ |
604. 16.. 1½ |
| Charges vizt |
|
|
|
| Paid Labourers |
£ |
18 .. 6 |
|
| Do for Cooperage |
|
15 .. - |
|
| Do Samuel Pettits Bill for Labour |
3 |
..5. 10 |
|
| Bill of Sale |
|
10 .. - |
|
| Cryers fees & Advertising |
|
10 .. - |
|
| Custom House Duty on 2 Tons & 1 Gall. Wine @ £7 Stg |
|
|
| |
15.13.. 6 |
|
|
| Exchr |
1.14.. 9½ |
|
|
| Entry |
2 ..9 |
|
|
| |
|
17 .11 ..0½ |
|
| Carried over |
|
|
|
| Brot over |
|
£ |
604.16 .. l½ |
| Light House Duty 60 Tons |
£ |
1. 10 .. - |
|
| Wharfage |
|
2 .. - .. - |
|
| Commission 5 PCt |
|
30 .. 4.10½ |
|
| |
|
|
57 .. 5 .. 5 |
| Halifax 3d July 1777. Errors Excepted |
|
£ |
547. 10.. 8½ |
| Ja. Browne |
|
|
|
| Settlement |
|
|
|
| The Nt Amount of Sales of the Sloop William & Barbara as Pr Auctioneers Acct |
£ |
547.10 .. 8½ |
| The Eighth & Charges to be Deducted |
|
|
|
| One 8 to the Captors £604.16..1½ |
£ |
75.12 .. - |
|
| Wages to David Martin |
|
6.14..3 |
|
| Warrant Appraisement &ca |
|
1 .. 1..- |
|
| 3 Appraisers at 23/4each |
|
3. 10 .. - |
|
| Judges Fees to be Distributed £10 Stg |
|
11 .. 2.. 3 |
|
| The Advocates Generals Bill |
|
7.11..8 |
|
| Collectors Bill, Waiters Attendance, |
|
|
|
| & Custody of the Vessel |
|
5 .. - .. - |
|
| Copy of the Case & Sundry papers |
|
2 .. 1 .. 8 |
|
| Poundage, receiving & Custody of the |
|
|
|
| Money 5 PCt |
|
27 .. 7.. 6 |
|
| Gaugers Bill |
|
- .5 ..8 |
|
| |
|
|
140 .. 6 .. - |
| |
|
|
|
| Remains for the Owners or Insurers as the Case may be |
|
£ |
407 .. 4 .. 8½ |
| Halifax July 5th 1777. Examined & Allowed |
|
|
|
| Rich: Bulkeley. |
|
|
| |
|
£ |
407 .. 4 .. 8½ |
| The Nt proceeds of one Cask of Wine Paid David Martin by the Judges Orders. See the files. |
|
5.11.. - |
| Remains in Court |
|
£ |
401.13 .. 8½ |
| paid to Wm Nesbitt who was impowered to receive for the owners. |
