Printed prize appeal from the Vice-Admiralty Court of New York. Captured ship: Lively...

Printed prize appeal from the Vice-Admiralty Court of New York.

Captured ship: Lively (master William Frears).

History: a British snow, bound from Cork to Halifax, [Nova Scotia or Delaware], laden with cordage, coals, grind stones, provisions for use of HM forces; taken on 3 February 1778 by HMS Dispatch (Christopher Mason commanding) and brought into Newport, Rhode Island.

Appellant: The captor.

Respondent: John Ponsonby on behalf of John Hartley merchant of Whitehaven, for the ship and cargo.

Bound printed appeal with manuscript decree of 15 April 1780.

Folios 192-200v, comprising:-

• folio 192: a MS note 'not able to procure an appellants case;
• folios 192-193v: case on behalf of the respondent;
• folios 194-200v: appendix to the respondents' case.

Session of Saturday 15 April 1780, in the Council Chamber, Whitehall: sentence recorded in manuscript on folio 193v:-

• Present: Lord Chancellor; Lord President; Lord Privy Seal; Earl of Denbigh; Earl of Sandwich; Earl of Marchmont; Lord George Germain; Lord Stormont; Viscount Howe.
• The Lively, William Frears master. Crespigny. C Bishop. For sentence on the second assignation and informations.
• "The Lords having heard the proofs and counsel on both sides by their interlocutory decree reversed the sentence of the judge below and condemned the ship and cargo as good and lawful prize to His Majesty taken by His Majesty's Ship of War the Dispatch Christopher Mason esq commander."