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 —
The Hull Burthen 125 Tons with Masts, Yards, Standg & running rigging worth |
350..—.— |
One Cable of Eleven Inches almost new |
33..—.— |
One Cable of Eight Inches Do Do |
16..—.— |
40 Fathom of Eleven Inch Cable |
7..—.— |
3 Anchors Wt 20 Ct |
30..—.— |
Cabin & Ships Stores, & Fire Hearths |
8..—.— |
Water Casks Ten N |
5..—.— |
Seventy Fathom of four and a half Inch Towline |
4.10.— |
Decayed Shrouds in the Hold |
2..—.— |
A Suit of Sails half Worn |
50..—.— |
|
505.10.— |
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.
Jno Newton
Saml 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.