Star.
London, England, 1802-02-05 00:00:00

COCKPir, WII FtIALL,DEC- 4.

Before the motiluble and Right Hem. the
Lords Colionittoners fur Appeals in prize ratifes.
N'ew Adventure, Slicaentatt mailer. In
this cafe, 'heir Lorvithips delivered jaclgrnent ; •
the Couniel having been heard oil a
former day. It appeared the this wais an Arr: i.
can I
which failed from :he coaft of Africa
with nniety-feren (laves, a part of the outward- I
bound cargo ionaining undifrofeds of, bound to i
the Harannah, and on the 2:d of July, 1791, in
the profecutiln 4,f her voyage, was .flized and
taken as a prize. by the private fhip of war II:1a- I
Broomfield ISonadv commander, and carried •
to the ifland of New Providence, where both flip 1
and cargo were condemned by the Vice Adrui-
ralty Court of that Wand,
The Court fail the only ground it took into
confi:ivreion was the •illegality of the rove—, it
being a voyage from one enemy's colony in Africa
to another enemy's oolonv in the Net'! Indies, and
therefore affirmed the fentence of the Court below.
The Two Friends, "Wairiwriplit ma her. .Their
Loratips reverfed the fentence in this cafe, and
refiored the property, as claimed.
Die. ¢--The brig Rofenbag, Wahl ma (ten—
nis !hip was originally hound from Amfterdam
to Surinam, and in the profecution of her return
goyage, as afferted, to Embden, laden with a cargo
of coffee and cotton, was captured on the 2d of
Odnber, 1797, 12- the private fhip of war the Re-
gulator, Henry Cook Commander, and carried to
the ifland of Farbadoes, where the was proceeded
againfl in the irce Admiralty Court of that ifland.
It was cortvided on the part of the captors,
that this was .t mere colourable tranfadion, that
her real deftinat ion was to the port of Amiterdam,
and therefore the property was liable to_Fonfif-
cation.
On the part of the claimants it was fubmitted,
that the only queftion before the Court was, a
queftion of fad, namely, whether this reffel was
neutral property, and was going to the port to
which the belonged ? It was conteudvd, that it
was clearly AA-biked by the evidence, that both
ship and cargo did belong, as claimed, that fhe was
grans back to Embden, and that therefore the
parties cre entitled to reflitution.
The Court ordered further proof to be made in
this cafe within two months.

Dec. O.—Peter Auguftus,
This fhip being the property of American fubjeas,
and laden with fugar and coffee, the property of
merchants of St. Euftatius and St. Bartholomew,
bound from Guadakupe to St. Euttatins and
Hamburgh, was captured on the r ith of May,
1793, by the private Chip of war Fanny, Henry
Bloomfbury Commander, and taken to St. Chrif-
topher's, and there proceeded againft as prize.
It appeared that the Judge of the Vice Admi-
ralty Court decreed the (hip to by reftored to the
claimants, but without freight, colt, or damages,
and condemned the cargo, as being the property
of .fubjeas of France, or other perfons ref dent
within the territories of France, and condemned
the claimants of the cargo in double cots.
Their Lordthips in this cafe reverted the fentence
of the Court below, and pronounced freight to be
due to the neutral wafer, but r.:frrved the queftion
to whom the proceeds of the cargo w as to he paid.
Charlotte, Coffin mafter.—This was
an American fbipboundfromGuadaloupe /Intr.
deans, with a cargo of fugar and coffee, the pro-
duce of Martinique and Guadaloupe. The fhip
failed from. Guadalf,pe on the sth of (Molter,
and on the yth was captured by the private flip
of war Boliand Kate, Philip Jenkins Ccmmander.
It appeared at Antigua the captors relcafed the
Blip, but the Vice Admiralty, Court condemned
the cargo as prize, on the ground of its being (ult.
jell to confifcation, either as French property, or
as the produce of French plantations palling to
France.
The Court in this cafe took time to confider of
its judgment.
Dec. to.—The brig Volant, Philip Befrom
mafter.—On aapeal from the Vice-AdMiralty
Court of the Maud of St. Chriflopher.
It appeared that this veffel failed from Salem,
in the State of Maffachufetts, in North America,
on the tsth of Decembet t79_3, with a cargo of
provifions, Irith linens, Madeira wine, and various
other articles, and a thoutand jogs in (Atli, boUnd
on a voyage to the French island of Guadeloupe.
On her arrival at Point Pitre, the master there
difpofed of the cargo, and agreeable to the di
rations of the owner, invefted the proceeds in a
cargo of clayed fugar and coffee, the produce of
that ifland, for the European markets of Copen-
bngen and St. Petedburgh. The veifel, however,
in order to conceal her trite destination, was, on
the 3oth of March 1794, clearedsout at ie cutlet").
houfe at Point Pitre for Salem, and on the 3d of
April was feized; and taken as prize by the private
fhip of war, Prinre,William Henry, Francis Eve
commander, a• d carried into tb port or Eatfe-
terre, in the ill n t of St. Clinflopher, and there
proceeded agaitut. .
It was contended. on the part of the raptor.,
that this was clearly a voy'Af from the Ftench
ifland of ditadaloupe to a port in Europe, and
therefore ilk' property WAS liable to confifcation.
After hearing Cotanfel on the part of the claim-
-ints, the Court affirmtd the lenience of the Court
below.

Tie Good Inicat, Arch 4 'Of a

irayage of a 'flatilar nature btti It appearing tote'
diclii:gniatable from the former citte, their Lord-
Mips is:veiled the fentence of the Court below, but
shei red the captors expenses in both inflances.
JANUARY a9.—The Dark Harriet and Eliza,
Slennian mailer.—This vas a cafe of int.-
ther proof refpeaing the cargo. It appeared that
Llii., was an American velfel, which was captured
on the 7th of Angult :79+, whill in the
;ion r.f a voyage from New York to tit. &bal.
lian's in Spain, by his Majefty's 'ihip of war the
Refolution, rancis render; Lfq. Commander ;
and the Africa, Roddam Home, Efq. •Com-
!winder, and carried to Halifax. It alto appeared.
t'..tt her cargo confilted of : too barrels of flour,
which had been purchafed at Baltimore by the
agents of the French Government, to be lent to
France; and the vela had originally proceeded
from lialtimore, and was failing under convoy of
French frigate, but being purfued by fome Eng-
lifb drips of war, the convoy dilperfed, and the
ti New York, where, on her arrival, the
mailer refuting to proceed on the intended voyage,
the French Conful was under the necellity of fel-
ling the cargo to a merchant of that place, fore
whom it was claimed.

HIGH COIIRT OF ADMIRALTY, DOCTORS' COMMON'

The Right Hon. Sir WILLIAM Scott lately
determined the following caufes :
The Lord Middleton, Montrie maker.—This
was the cafe of an Englifit merchant (hip, laden
with a vain. bee 41412,,,,, which was captured by a
Ft elicit p.ivateer;•alld afterwards recaptured by
the private :hip of st•ar the Maria, but a joint cap-
ture was fet up by his Majetty's cutter the Viper,
on the ground of being in fight at the time the
veticl was retaken. It was Contended, on the part
of the capturing (hip, that at the time of the re-
capture they could only diaiiivuith a one-ma(l
veal, h) a glafs, at thc matt heat:, in a very re-
mote Cc uation, and whether it was the Viper cut-
ter or Lot, it was it»poilible to tell.
The Court faid, the quellion in difpute was
whether this one-man year' was the Viper cutter,
I •r if there was a failure of proof, with relpea to
the identity of the (hip, their claim of joint capture
omit fall to the ground ; and it was clearly of
opinion, looking zt the evidence, that there was a
total failure of the identity of the flip, and there-
fore pronounced the Viper cutter as not entitled to
fhare, and decreed the anal falvage to thc pri-
vate (hip of war the Maria.
The Eldonara Catharina, Krache mailer.—
The Court alto decreed falvage in this cafe. •
The Aldury, Bunker matter. —This was a
cafe of father proof, with retina to the fhip ; and
after the evidence was read, the Court relit)! eil the
vet Tel, as claimed.
The Bnttchcr TirlaCT.—This was a
?ruffian (hip, laden with a cargo of he nip and other
articles, bound on a voyage from a port in Runia
to Amilerdam. It appeared that the (hip was re.
noted on the former hearing, referving the question
of freight and expences, hut the cargo was claimed
as the property of Ruffian fubjeas. It was con-
tended on the part of the captors, admitting theme
was fufficient proof that the property was in the
perfons as claimed, fill there was another queftion,
namely, whether thofe articles were not to be con-
, fidered as contraband, being (hipped in a bottom
belonging to another country. After hearing the
Counfel on the part of the claimants, the Court re-
flored the property on the authority of the cafe of
the Jonge Peter, which was determined laft war.
The Court Alb decreed freight and expences t be
due to the neutral mailer, and allowed the gene-
ral expences to the captors.
It appeared that the Jonge Peter, (the cafe al-
luded
to) was a Dutch (hip bound to Bourdeanx
with Ruffian hemp from Knilingtberg, which came
before the Lords of Appeal, and was reftored.
The Fabius,— Defverneys mafter.—This was
a Danith (hip coming from Guadaloupe td Altona,
which was captured on the 24th of June, rSoo,
and brought into Yarmouth. It appeared that the
chip lead been reftored, together with the private
adventure of the mailer, and the queflion now be-
fore the Court was with refpea to the property of
the cargo. It was contended on the part of the
captors, that there was fuch incontinency in the
evidence, in refped to the cargo, as to induce the
Court to call for further' proof. The Counfel on
the part of the claimants fubmittod, that if ever
there was a cafe free from fufpicinn, it was this
cafe, for that all the documents were as fair as it
was poffible for them to be, and that there was no
junifiable reafon for the feizure and detention of
this 'AI. The Court faid, the only evidence
which affcaed this cafe, arofe from two letters pro-
duced ; but as there was very km; affirmative
evidence refpeling this property, it was of opinion
it would be putting the parties to a very unnecef-
fary expence in ordering further proof, and there-
fore reilored the cargo as claimed.
The Com t alfm rettored the cargoes in the follow-
Lig three cafes • The Little John, Dunham
mailer;—The cafes;
Gefelchaft, Heltzenberg
mailer;—The Hank, Schitt, maker.;
The Rangcr. mafter.—This was a Britifh
(hip laden with :r cargo of Government (ores,
Which was captured by the French, and afterwards
recaptured by an American fhip; which had a let-
ter of marque on board. The Court decreed the
ufual falvage in this cafe.
The Emanuel, Hanfen maker.—The Court
rehired the remaining part of thegoods claimed in
this cafe, except a quantity of flax; and decreed
freight and expellees to the neutral matter.
The Chriflina Maria, Kehnro:k mailer.—
This was a fhip laden with a cargo of pitch and
tar. The Court reflored the cargo in this cafe, the
(hip having been already reamed.
The Triton, Boehm matter.—lt appeared
that this (hip had been condemned, on the ground
of breaking the blOckiele of HaVre. The cargo in
this cafe the Court alto condemned.
De Jonge Otto •Rtigt'ets T.laker, rafter
manor.—TheCourt rellored the cargo as claimed,
but condeMned the unclaimed part.
joegfiiie Maria Cecilia, Roeden maker.'
De Gude Ewartung, Block mailer.—The
• Courtlikevrife reftored the cargoes hi the don
two cafes.

The Catherina komdaill
This was a cafe of firitli‘r proof with refpeet to a
very valuable cargo, coming, as afrerted, from
Batavia to Copenhagen, and which was claimed 39
neutral property.—TheCourtcondemnedthetargoi
but rettored the matter's private adventure.
. Tht Kroon Print, —Gulk malter.—This was
a cafe of the fame defcription, as to claination and
property. The Court ordered further proof as to
both fhip and cargo. •
The Samuel, --- Schwenfon mafteV.Thi4
was a cafe- of further proof with raped to the pro-
psity of the flip. The Cout t reamed the fame on
p!iyment of the captors expences.
The Ntldam, Claaefes matter.—The Court
reltored the. property as claimed in this cafe, which
contifted of a cargo of timber.
The Vriendfchap, 13araci mafter.—This was a
cafe of farther proof, with refpeet to the (hip and
cargo. It appeared this (hip was captured on the
18th of Anglin; tBOO, by one of his Majetiv'i
(hips, in the profccution of her voyage front Am
herd urn to Lilbon, laden with a carp of various
merchandifc. It alto appeared thatilic xi:as origi:
pally a Dutch built (hip, which hai; been condemn•
ed in France, as lawful prize, in t 793, and, wbiht
lying there, was purchafed on neutral account.—
It *as contended, on the part of the captors, that
ever fince that period the" hip had been conilalitly
navigated from Dutch ports, and was therefore
to he confidered as a Dutchman _ _

The Court ordered filll farther proof of the pro-
perty i.f thr 1114), and iikcwile of the national cha
raifter of 'the claimant, but re-florcd the vas ious
parts the cargo as claimed, rubjea to the cap.
tor: cxpences generally.