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town of Kingston-upon-Hull, this 17th day of August, in the year 1855,

By me,

WM. CAWKWELL.

Same on Colby Atkinson Davies.

In the Admiralty Prize Court.

The "Neptune," Thomas Keetley, master. Appeared personally William Cawkwell, of the town of Kingstonupon-Hull, in the Court of the same town, attorney's clerk, and made oath that the contents of the foregoing certificates to which he hath set and subscribed his name were and are true.

WM. CAWKWELL.

On Friday, the 17th day of August, 1855, the said William Cawkwell was duly sworn to the truth of his affidavit, at Kingston-uponHull, in the Court of the same town,

Before me,

J. HEY HOLLES,

A Commissioner for administering oaths in the High Court of Admiralty.

8. Affidavit as to Papers, when Prize seized in Enemy's Port, and no Papers found on board.

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Admiralty Prize Court.

Schooner "Polka," unknown master.
Brigantine "Louisa," unknown master.

Schooner "Livonia," unknown master.

Schooner "Louise Annalie," unknown master.
Schooner "Johan Carl," unknown master.

Schooner "Alexander," unknown master.

Schooner "Anna Catarina,” unknown master.

Schooner "6 name unknown," unknown master.

Appeared personally A. C. K., Esquire, captain of her Majesty's steam-ship "Amphion," and A. C., Esquire, captain of her Majesty's steam-ship "Conflict," and made oath, that information having been received by them while cruizing in the Baltic, that a number of Russian merchant vessels were lying in the port of Libau, the deponents proceeded there, and anchored within gunshot of the town;

and on the morning of the 17th of May the deponent, A. C. K., dispatched Captain C. with a summons to the governor of the town to "surrender the said Russian vessels within three hours; " that at 3.30 P. M. of the same day he (the said A. C. K.) received an answer to the said summons from the chief civil magistrate at Libau, stating that they were without efficient means of defence, and would readily send the said vessels out, but that they could not possibly do it within the time specified; whereupon the deponent caused the boats belonging to her Majesty's said ships to be manned and armed, and they proceeded therewith towards the said port; and on their arriving at the bridge, which is about a mile from the entrance of the port, the deponent, A. C. K., requested the principal persons present to point out the said Russian vessels in the said port, which they accordingly did; and thereupon the crews belonging to the said boats, by the orders of the deponents, took possession of the same, which proved to be as follows, viz.: The schooner "Polka,” the brigantine "Louisa," the schooner "Livonia," the schooner " Louise Annalie," the schooner "Johan Carl," the schooner "Alexander," the schooner "Anna Catarina," the schooner 66 name unknown," and brought them out into the road; and as they were not in a condition to perform a voyage to England, afterwards conveyed them to the port of Memel, where they now remain to await the decision of the Admiralty Court. And the deponent further made oath; that at the time the said vessels were so taken possession of as aforesaid, they were found to be all dismantled, their sails unbent, and moored head and stern; that some of them were aground, and that the schooner "Alexander" and schooner " name unknown" were scuttled, and the whole of them deserted by their crews; and that there were no papers whatever on board of the said vessels; whereupon the deponents made inquiries of those bystanders who appeared interested in the vessels, but they could not obtain any information respecting them; they therefore verily and in their consciences believe that the same were taken away by the masters when they deserted the said ships, the date of which desertion is not known.

On the fourth of July, 1854, the said A. C. K. and A. C., Esquires, were duly sworn to the truth of this affidavit, by virtue of the annexed commission,

Before me,

W. J. HERTSLET,
H. B. M. Vice-consul.

A. C. K., Captain H. M. S. "Amphion."

A. C., Captain H. M. S. "Conflict."

9. Claim for Part of Cargo by Owner on behalf of Self and Partner.

Admiralty Prize Court.

The "Rapida," Bockelman, master. The claim of A. R. L., of Liverpool, in the county of Lancaster, merchant, on behalf of himself and of his partner S. F. L., of Montevideo, merchant, respectively subjects of our Lady Sovereign the Queen, the true, lawful, and sole owners and proprietors of one hundred and sixty casks of tallow, five hundred tons of preserved meats, fourteen bales of hide cuttings, one hundred and seventy-seven tons of bones (more or less), and three hundred and five tons (more or less) of bone ash, being part of the cargo which was laden and on board the said ship or vessel "Rapida" (whereof P. B. was master) at the time of the seizure thereof at the port of Liverpool by the officers of her Majesty's Customs at that port, for the said part of the said cargo, on behalf of and as the true, lawful, and sole property of himself and of the said S. F. L., and for all loss, costs, charges, damages, and expenses which have arisen or shall or may arise by reason or means of the capture and detention of the said cargo.

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J. H.

In the Sally, cited Atlas, 3 Rob. 302., reference is made to the Charles," Havernerswerth, in 1741, "in which the form of the attestation was directed to be prepared by the whole Bar." No case exactly answering this description can be found, but it may possibly be the same with that of the " Charles," Henry Hammond, master, taken by the Spaniards, March, 1744, and retaken in the following month of May, and which was a case of recapture, the question being, whether the property had, by length of possession, become vested in the first captor. The following extract is from the printed papers in the appeal of that case :

Tenor of Claim.

The appellants Jumes Crokatt, Richard Acland, and John Govan, of the City of London, merchants, subjects of the Crown of Great Britain, the real and true owners

A. R. L.

and proprietors of the ship called the "Charles" (whereof Henry Hammond was master), and of her tackle, apparel, and furniture, and likewise the said appellant James Crokatt, and the other appellants Handley & Palmer, Rogers & Dyson, William Pomeroy & Sons, William Sitwell & Company, Thomas Fludgier, and Thomas Marson, all of London, merchants, subjects of the Crown of Great Britain, the real and true owners and proprietors of the goods, wares, merchandises, and cargo laden on board the said ship at the time of the capture and recapture thereof, entered their claim in His Majesty's High Court of Admiralty of England; that is to say, the said James Crokatt as owner of the three-fourth parts of the said ship; the said Richard Acland, as owner of one-eighth part thereof; and the said John Govan, as owner of the other one-eighth part thereof; and the said James Crokatt, as owner of 244

barrels of rice, 300 barrels of turpentine, 315 barrels of pitch, 87 barrels of tar, 19 hogsheads of deer-skins, and 7 tons of braziletto, part of the cargo (of the respective marks and numbers in the claim set forth); the said Handley & Palmer as owners of 1 hogshead of deer-skins; the said Rogers & Dyson as owners of 1 hogshead of deer-skins; the said William Pomeroy & Sons as owners of I hogshead of deerskins; the said William Sitwell & Company as owners of 1 hogshead of deerskins; the said Thomas Fludgier as owner of 24 hogsheads of deer-skins; and the said Thomas Marson as owner of 4 hogsheads of deer-skins; other parts of the said cargo, all the respective parts of the cargo so claimed being marked and numbered as mentioned by the several claimants in their claim.

And their claim was attested by the following affidavit, which was annexed thereto:

On which day appeared personally Henry Hammond of Charles Town in South Carolina, mariner, and made oath upon the Holy Evangelists, as followeth to wit, that on or about the first day of the month of November, in the year of our Lord 1738, he was appointed master of the ship called the "Charles" (formerly called the “ Samuel ") by Mr. James Crokatt, then of and at Charles Town aforesaid, and now of London, merchant, then and now the chief owner of the said ship; and that this deponent has made several voyages in her from America into Europe, and back again; and that in her last voyage, which was from Carolina to London, the said ship "Charles" was taken and seized on or about the 13th day of March last, about 60 leagues West from Sicily, in the latitude 43, by a Spanish privateer, called the Saint Michael (Don Domingo Del Palle, commander); and that, for some time after, to wit, on or about the 10th

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day of May last past, the said ship the "Charles" was retaken at sea by His Majesty's ships the "Launceston' (Peter Warren, Esquire, commander) and the "Port Mahon" (the Hon. Henry Aylmer, Esquire, commander), and first brought to Plymouth, and from thence carried to Portsmouth; and this deponent saith that he has continued on board the said ship the "Charles" from the time she was taken by the Spanish privateer to the time she was brought into Portsmouth, as is aforesaid; that he very well knows that the said ship, the tackle, apparel, and furniture, did, at the time she was so taken by the Spanish privateer and retaken by the said two ships of war, belong to the said James Crokatt, to Richard Acland, now deceased, and to John Govan, all of London, merchants; and that the said James Crokatt, and also Messrs. Handley & Palmer, Messrs. Rogers & Dyson, William Pomeroy & Sons, William Sitwell & Company, Thomas Fludgier, and Thomas Marson, all of London, merchants, then were and now are, either in their own right, or by consignment, the real true owners and proprietors of all and every part of the goods, wares, merchandises, and cargo on board the said ship the "Charles" at the time of the pretended capture and recapture thereof; and this deponent further saith that he well knows that all the said owners and proprietors of the said ship the "Charles," and of her said cargo, were and are subjects of the Crown of Great Britain; and that he verily believes the contents of the claim hereunto annexed to be just and true, and that the several owners thereof are or will be able to make full specification of the property thereof; and that no Spaniard or subject of the King of Spain had or have any right, title, interest, or property therein, or in any part thereof.

Affidavit annexed to Claim for Part of Cargo.

Admiralty Prize Court,

The "Rapida," Bockelman, master. Appeared personally A. R. L. of Liverpool, in the county of Lancaster, merchant, and made oath, that he is duly authorized to make the claim hereto annexed on behalf of himself and of his partner S. F. L., of Monte Video, merchant, respectively subjects of our Sovereign Lady the Queen, the two lawful and sole owners and proprietors of one hundred and sixty casks of tallow, five hundred tons of preserved meats, fourteen bales of hide cuttings, one hundred and seventy-seven tons (more or less) of bones, and three hundred and five tons (more or less) of bone ash, being part of the cargo which was laden and on board the said ship or vessel "Rapida" (whereof P. B. was master) at the time of the seizure thereof at the port of Liverpool by the officers of her Majesty's Customs at that port; and he further made oath, that he verily believes that neither the Emperor of all the Russias nor any of his subjects, or others inhabiting within any of his countries, territories, or dominions, nor any other enemies of the Crown of Great Britain and Ireland, had at the time of the seizure thereof as aforesaid, or now have, directly or indirectly any right, title, or interest in or to the said part of the said cargo, or any part thereof; and, lastly, that the claim hereto annexed is a true and just claim, and that he shall be able to make due proof and specification thereof.

On the seventeenth day of November, 1854, the

said A. R. L. was duly sworn to the truth of this A. R. L. affidavit,

Before me,
J. H.
Surrogate.

10. Claim for Ship by Master and sole Owner.

In the High Court of Admiralty.

The thirty-first day of August, in the year of our Lord one thousand eight hundred and fifty-four.

The "Rapid," J. R. H., master.

The claim of the said J. R. H., the master of the said vessel "Rapid," a subject of his Majesty the King of Denmark, for and

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