Cause

Maximilian Jacobs Esqr Commander of his Majestys Ship of War the Amazon, VS. the Brigantine Active

Libel filed and Entered and Order made thereon as on file.

Registers Office July 24. 1777.

Lawrence Crump Purser of his Majestys Ship of War the Amazon being duly Sworne Deposeth that on or about the 19th of July Inst being then on the Coast of Nova Scotia they fell in with a Brig which they gave Chace to Several hours, that they came up with her and took possession of her, & found she was in possession of the Rebels, who had taken her on her Passage from Quebec to England, & was proceeding with said Brig for Boston in New England, that she was in Ballast when the Amazon took her, that he does not know of any papers that were found on Board her, that he understood her Name was the Active, that one Enoch Taylor was the Rebel Prize Master of her, & that she is now in this Harbour of Halifax.

Law^r Crump

Sworne before me the Day and Year
first above written. Charles Morris Junr Regtr

Registers Office 26th July 1777.

Enoch Taylor being duly Sworne Deposeth that he be­longed to the Schooner Speedwell, a Privateer fitted out from Boston New England, Commanded by one Jonathan Greeley Mounting 8 four pounders, 8 Swivels, & had thir­teen hands Men and Boys on Board, that on or about the 20th of June last being on a Cruize in said Privateer, they fell in with a Brigt called the Active, being then to the Eastward of the Grand Banks of Newfoundland & in the Latitude 48°, which Brig they took and found she had been at Quebec last fall with Provisions, & was when taken Bound to Liverpool in England one [blank] Clark Master of her, that she had 8 four pounders, 8 Swivels, a Chest of Small Arms, 10 Barrels of Powder, the best part of a Suit of Sails, which he the Deponant understood was for the Brig, some Balls, Cartridges, Pistols, & Cutlasses, all which they put on Board the Privateer, that they also took out the Master Mate and all the hands, except three lads, that one Thomas Smith was put on Board Prize Master, who had Orders from the Captain of the Privateer to proceed to Boston with said Brigt or any other Port in New England he could get into, that on or about the 20 July Inst being off of Cape Sable, they fell in with a Ship called the Amazon Commanded by Capt Jacobs who retook the said Brig & brought her into this Port, and the Deponant further Deposeth that he understood said Brig was a hired Vessel, That he does not know what became of the Papers, but Supposes the Captain of the Privateer took them.

Enoch Taylor

Sworne before me the day and Year
first above written Charles Morris Junr Regtr

Court opened by making Proclamation as usual, The Libel, Order, & Return thereon read, the Evidence taken before the Register also read: The Judge then ordered Proclamation to be made for all Persons Claiming prop­erty in the Brigantine Active and her Appurtenances to Appear & Assert their Claims and defend their rights to the same: Alexander Brymer Esqr Agent Victualler Appeared and Declared the Brig was Apprais'd at Double her Value & therefor beg'd leave to withdraw the Claim he had filed in Court. The Warrant Issued by this Court to Assertain the Value of the said Brig & return thereon made, read as follows:

To John Newton, Samuel Cotnam & W H. South Esquires & Mr John Loader Master Builder in his Majesty's Dock Yard Halifax.

Greeting.

Whereas Maximilian Jacobs Esqr Commander of his Majesty's Ship of War Amazon did some time in the Month of July Inst retake a certain Brigantine called the Active, from the Inhabitants of some of his Majesty's Colonies now in open Rebellion which said Brig with her Cargo on Board are now under Libel in this Court for the one 8th part thereof, to be paid to the said Captors for the retaking & bringing the same safe into this Port of Halifax. These are therefore to impower & require you or any three of you to make a true and just Appraisement & Valuation of the said Brig her Boats, Stores, Tackle, Apparel, & Furniture as also her Cargo if any on Board, & make report thereof on Oath into the Registers Office on the first Day of Augt next at 12 oClock at noon together with this Warrant, and also to Certify your Opinion whither it would not be for the Advantage of the Owners to have the said Brig and Cargo Sold, should no Claimer appear to take Charge of the same.

Given under my hand & the Seal of the said Court at Halifax the 24th Day of July Anno Dom 1777.

P Curiam Charles Morris Junr Regtr

Pursuant to an Order from the Court of Vice Admiralty we whose names are hereunto Subscribed, have been on Board the Brigantine Active, & taken a Strict & Carefull Survey of her Hull, Masts, Yards, Standing, & running Rigging, Anchors, Cables, Sails, &ca & find as follows vizt —

And we further Declare that we have taken this Survey with that Care and Equity, that We do make Oath to the Impartiality of our Proceedings, & give it as our Opinions that it would be to the Merchants Advantage (if not Claimed within the time Allowed by Law, that said Brig should be Sold, there being no Persons here to take proper Care of her, without a great expence.

Jn^o Newton
Sam^l Cottnam
WH South
John Loader.

The Advocate General then moved the Court that as no Person could be found to take Charge of the Brig & pay the 8 to the Captors agreable to Law, that said Brig and her appurtenances might be Sold, & the 8th & Charges paid, & the remaining Seven Eighths lodged in Court for the Owners. The Court having taken the aforesaid Motion into Consideration. Ordered, That the said Brigantine Active, her Boats, Stores, Tackle, and Furniture, be Sold at Public Auction, under the Direction & Management of the Collector of his Majesty's Customs in whose Custody the said Brigantine is, & that he the said Collector do render to this Court a true and just Account of Sales thereof, and that he do pay the Monies arising by such Sales into the hands of the Register of this Court for their further Consideration & determination in the Premisses. The Court Adjourned to Saturday the 23d Int at 11oClock A.M.

Court Opened by making Proclamation as usual
The Advocate General then moved for a Decree in this Cause that the Captors might be paid An Eighth of the Amount of Sales of the Brigantine Active agreable to Act of Parliament. The Judge then Ordered the following Decree to be pronounced. for Decree Vid. the files. Halifax 13 Augt 1777. Account of Sales of the Brig Active taken by his Majestys Ship Amazon, Sold by Order of the Court of Vice Admiralty & Settled with Charles Morris Esqr Register of said Court.

Halifax 25 Augt 1777. Errors Excepted Ja Browne