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

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

Captured ship: Polly (master Hutchinson, formerly Baxter Downs).

History: an American vessel, bound from Tenerife to Roanoke, North Carolina, laden with provisions, taken and retaken by crew; taken on 2 December 1778 by the loyalist privateer Sir William Erskine (John McAllister commanding) and sent in for New York but retaken by her crew; retaken on 6 December 1778 in latitude 36°30'N, longitude 74°W by the loyalsit privateer Rover (Thomas Muir, commanding) and brought into New York.

Appellant: David Sproat on behalf of the Sir William Erskine, (John McAllister master) [first captors].

Respondent: Thomas Muir, commander of the Rover [second captors].

Bound printed appeal with manuscript decree of .

Folios 229-236v, comprising folios 229-230v: case on behalf of the appellant; folios 231-232v: appendix to the appellants' case; folios 233-234v: case on behalf of the respondent; folios 235-236v: appendix to the respondents' case.

Session of Tuesday 21 November 1780, in the Council Chamber, Whitehall: sentence recorded in manuscript on folio 234v:-

• Present: Henry, Earl Bathurst, Lord President of the Council; Earl of Hillsborough; Earl of Clarendon; Lord Loughborough, Chief Justice of HM Court of Common Pleas.
• The Polly, Baxter Downs formerly, and late Hutchinson master: for sentence on the second assignation and informations.
• "The Lords having heard the proofs and counsel by their interlocutory decree affirmed the sentence of the judge below and ordered the cause to be remitted."