Friday the Nineteenth day of December in the year of our Lord one thousand seven hundred and sixty, before the Right Honourable John Earl Granville, Lord President of his Majesty's Most Honourable Privy Council, George Earl Cholmondeley, Thomas Earl of Kinnoul, Chancellor of the Dutchy of Lancaster, Hugh Viscount Falmouth, John Lord Berkely of Stratton, Samuel Lord Sandys, William Lord Mansfield, Lord Chief Justice of his Majesty's Court of Kings Bench, Robert Neugent Esquire and Wellbore Ellis Esquire, Commissioners (among others) of his Majesty's most Honourable Privy Council for the Receiving, Hearing and Determining of all Causes of appeals as to Prizes, in the Privy Council Chamber at White hall in the Presence of Nathanuel Bishop, Notary Publick, Deputy Register of the said Court.
La Virgin del Rosario y el Santo Christo de Buen Viage
Philip Y Banes Mr.
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A Business of Appeal and Complaint of Nullity promoted by Philip Y Banes Master of the Spanish Ship La Virgin del Rosario Y el Santo Christo de Buen Viage against Richard Haddon Commander of the Schooner Peggy |
For Sentence on the Second Assignation and Informations. |
Their Lordships having heard the Proofs and Council on Both Sides declared that it Appears to their Lordships that upon the Case laid before the Judge below by the Respondent himself the Capture of the Effects in Question ought to have been deemed Piratical, that the Respondent ought to have been prosecuted for the same and the Effects Secured and that the Proceedings were Irregular and Illegal and the Sentence of Condemnation of the Thirty first March 1757 Appeald from Unjust and Warranted by no Collour of Proof. Therefore their Lordships By their Final Decree or Sentence Reversed the same and Decreed the Ten Doubleoons, five thousand seven hundred and sixty four Dollars, one hundred and five Pistreens, one Bracelet, Twenty Gold Rings, the Silver Buckles and Small Silver, Six Swivel Guns and Shott, one Cask of Powder and Cutlasses and one Bag of Indigo to be Restored or the Value thereof to be paid to the Claimant, and Condemned the Captor in Costs and Damages and their Lordships are of opinion that the Governor of New York ought to cause the Bond given by the Captain of the Privateer to be put in Suite and apply the Penalty for the Benefit of the Claimant.
Godf'y Lee Farrand, Register
of his Majesty's high Court
of Appeals for Prizes.
[1] This document appears, substantially the same, in Sir William Burrell's report in Marsden, op. cit. (see [doc. no. 184], [note 1]), p. 185. Ybañez having appealed from Judge Morris's decree, the case came at last before the Lords Commissioners for Appeals in Prize Causes. Their names are given in the heading. Granville, earlier known as Carteret, was lord president of the council from 1750 to 1763, Kinnoull chancellor of the duchy of Lancaster 1760-1762, Mansfield chief justice 1756-1788. Cholmondeley and Falmouth were lieutenant-generals. Nugent and Ellis were vice-treasurers for Ireland and members of Parliament. All these commissioners were privy councillors, all were politicians, none but Mansfield was a lawyer, though the wide range of Granville's learning embraced a considerable knowledge of the law.
196. Appeal of Miller and Simpson. July 7, 1761.[1]
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Thomas Miller and Sampson Simpson ad's The King |
New York Court of Vice Admiralty. |
Whereas you the Honorable Lewis Morris, Esqr., Commissary and Judge of the Court of Vice Admiralty for the Province of New York, did lately pronounce your Decree against us in the above Cause, whereupon we by our advocate or Counsel did pray Leave to appeal therefrom and to have Time to perfect the same, We do accordingly hereby protest against the said Decree or Sentence against us and appeal therefrom to the Commissioners appointed or to be appointed under the Great Seal of Great Britain for receiving, hearing and Determining of appeals in Causes of Prizes; and we offer to do every Thing the Law requires that we may have the full Benefit of the said appeal and do for that purpose pray that the Apostells[2] may be delivered to us in due Time this 7 July 1761.