No Carolina Vice
Admiralty Court |
![](https://ndar-history.org/sites/default/files/brace-close.png) |
Decree
Parry Esquire and others against
The Ship America |
Having heard all the Depositions filed in this Cause Read and also Examined the Several Witnesses Produced to this Court it Appears that the said Ship America is become forfeited under an Act made and passed in the Second Session of the fourteenth Parliament of Great Britain Entituled "An Act to Prohibit all Trade and Intercourse with the Colonies of New Hampshire Massachussetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, the three lower Countys on Deleware, Maryland Virginia North Carolina South Carolina and Georgia during the Continuation of the present Rebellion within the said Colonies respectively: for Repealing an Act made in the fourteenth Year of the Reign of his present Majesty to discontinue the landing and discharging, Lading and Shipping of all Goods Wares & Merchandize.at the Town and within the Harbour-of Boston in the province of Massachusetts Bay, And also two Acts made in the last Session of Parliament for restraining the Trade and Commerce of the Colonies in the said Acts respectively mentioned and to enable any person or persons appointed and Authorized by his Majesty, to grant Pardons, to Issue Proclamations in the Cases and for the purposes therein mentioned" The said Ship America having been found Trading within the said Province of North Carolina after the Twenty fifth day of March last wherefore I do adjudge the said Ship America a lawful Prize and she is hereby accordingly Condemned as such and I do further Order and Decree that the said Vessel & her Cargo together with all her Tackle Apparel and furniture shall be put up to Publick Sale on Monday the Twentieth day of this present month of May and to be absolutely and bonafide sold to the highest bidder without any reserve And I do also hereby further Order that after Paying the Wages due to the said Ships Company at the time of her Capture The Remainder of the neat proceeds arising from such Sale shall be divided among the Captors in proportion to their respective Shares Except such share as shall appear to be due Francis Parry Esquire Commander of his Majestys Sloop Cruizer, which I do hereby Order to be retained in the Hands of the Agent until the Court can be informed whether the Agent for the Royal Hospital of Greenwich intends to demand such Share as a forfeiture to the said Hospital under the Act of the twenty Second Year of his late Majestys Reign Chapter the thirty third, Section the Seventh, Dated at Cape Fear this Second Day of May in the Year One Thousand Seven hundred and Seventy Sixー
Notice being given by the Claimant in this Cause of his intentions to appeal from the D[e]cision of this Court ー Let this Decree (except such part of it as relates to the Publick Sale of the said Ship) be Suspended from Execution untill Such Security given by the Appellees as the Law requires
May 3d 1776ー