Nova Scotia Court of Vice Admiralty June 28th 1777.
Cause
Hyde Parker Esqr Commander of his Majesty's Ship of War the Phenix, vs. The Ship Bill and Mary & Cargo. Libel filed and Entered. Order made thereon as on file.
Registers Office July 2d 1777.
George Scott Mariner on Board the Ship Bill & Mary being duly Sworne Deposeth, that the said Ship was Owned in Philadelphia by one Mitchell and was Bound to France loaded with Tobacco, that on or about the 28 Day of April last being then off of the Capes of Virginia they fell in with his Majesty's Ship of War the Phenix Hyde Parker Esqr Commander, who took Possession of said Ship Bill and Mary & Sent her into New York, that one John Burrows was Master of said Ship.
his George X Scott Mark
John Saunders Acting Purser on Board his Majesty's Ship of War the Phenix being Sworne Confirms the above Deposition, & further Deposeth that the Letter now produced by him Sign'd by Robert Morris was Delivered to the Deponant by the Master of the Ship Bill and Mary two Days after the Phenix was in Possession of said Ship together with Packet Directed to Docter Francklin at Paris in France.
John Saunders
Sworne to before me Charles Morris Junr Regr
July 17th 1777.
Court opened by making Proclamation as usu.al, The Libel Order and return thereon read, the Evidence taken before the Register also read, A Letter from Thomas [sic Robert] Morris Dated at Philadelphia 1 April 1777 also read, Proclamation then made for all Persons Claiming Property in the said Ship Bill [and Mary] & her Cargo to Appear & Assert their Claims & Defend their rights to the said Ship and her Cargo, none Appeared. The Advocate General then moved for a Decree which was Pronounc'd as on file, whereby the Ship Bill and Mary & her Cargo were Condemned as lawfull Prise to the Captors Thereof.
1. N.S. Arch., vol. 496, Vice Admiralty Register, vol. 6, 1777-1782, 10.
