and after the third day of July in the year of our Lord one thousand eight hundred and nineteen, and before this twenty-eighth day of January, in the year of our Lord one thousand eight hundred and sixty-four, to wit, on the day and year last aforesaid, within a certain part of the United Kingdom, to wit, Glasgow, in the county of Lanark, without any leave or license of Her Majesty for that purpose first had and obtained, did equip the said ship or vessel with intent and in order that such ship or vessel should be employed in the service of divers and very many persons exercising the powers of government over part of a certain foreign people, to wit, part of the people of the United States of America, with intent to cruise and commit hostilities against citizens of a certain foreign state with whom and with which respectively Her Majesty was not then, to wit, on the day and year last aforesaid, at war, to wit, citizens of the Republic of the United States of America, contrary to the form of the Statute in such case made and provided, whereby, and by force of the Statute in that case made and provided, the said ship or vessel, together with the said tackle, apparel, and furniture, became and was forfeited. 6 9th Count, same as 1st Count, (Substituting did furnish' for did equip.' 17th Count same as 1st Count, Substituting 'did fit out' for ‘did equip." 97TH COUNT. And also for that certain persons, to wit, John Fleming of London, for himself, and also as representing the other partner or partners, if any, of the firm of Smith, Fleming, and Company of London, who are or may be interested along with him in the 'Pampero,' Robert Simpson of London, Edgar Pinchback Stringer of London, Alexander Collie of Manchester, Thomas Dunlop Finlay of Glasgow, Peter Denny of Dumbarton, and James Galbraith of Glasgow, George T Sinclair, and other persons whose names are to me, Her Majesty's said Advocate, at present unknown, heretofore, and before the making of the said seizure, and after the third day of July in the year of our Lord one thousand eight hundred and nineteen, and before this twenty-eighth day of January in the year of our Lord one thousand eight hundred and sixty-four, to wit, on the day and year last aforesaid, within a certain part of the United Kingdom, to wit, Glasgow, in the county of Lanark, without any leave or license of Her Majesty for that purpose first had or obtained, did attempt to fit out the said ship or vessel, with intent and in order that such ship or vessel should be employed in the service of divers and very many persons exercising the powers of government over part of a certain foreign people, to wit, part of the people of the United States of America, as a transport or store-ship against a certain foreign state with which Her Majesty was not then, to wit, on the day and year aforesaid, at war, to wit, the Republic of the United States of America, contrary to the form of the Statute in such case made and provided, whereby, and by force of the Statute in that case made and provided, the said ship or vessel, together with the said tackle, apparel, and furniture, became and was forfeited. 98TH COUNT. And also for that certain persons, to wit, John Fleming of London, for himself, and also as representing the other partner or partners, if any, of the firm of Smith, Fleming, and Company of London, who are or may be interested along with him in the 'Pampero,' Robert Simpson of London, Edgar Pinchback Stringer of London, Alexander Collie of Manchester, Thomas Dunlop Finlay of Glasgow, Peter Denny of Dumbarton, and James Galbraith of Glasgow, George T Sinclair, and other persons whose names are to me, Her Majesty's said Advocate, at present unknown, heretofore, and before the making of the said seizure, and after the third day of July in the year of our Lord one thousand eight hundred and nineteen, and before this twenty-eighth day of January in the year of our Lord one thousand eight hundred and sixty-four, to wit, on the day and year last aforesaid, within a certain part of the United Kingdom, to wit, Glasgow, in the county of Lanark, without any leave or license of Her Majesty for that purpose first had or obtained, did equip, furnish, and fit out, and did attempt and endeavour to equip, furnish, and fit out, and did procure to be equipped, furnished, and fitted out, and did knowingly aid, assist, and be concerned in the equipping, furnishing, and fitting out of the said ship or vessel, with intent and in order that such. ship or vessel should be employed in the service of certain foreign states, styling themselves the Confederate States of America, and in the service of divers and very many persons exercising and assuming to exercise the powers of government in and over certain foreign states, styling themselves the Confederate States of America, and in the service of divers and very many persons exercising and assuming to exercise powers of government over part of a certain foreign people, to wit, part of the people of the United States of America, as a transport or store-ship, against, and with intent to cruise and commit hostilities against a certain foreign state, with which Her Majesty was not then, to wit, on the day and year last aforesaid, at war, to wit, the Republic of the United States of America, and against citizens of a certain foreign state, with whom and with which respectively Her Majesty was not then at war, to wit, citizens of the Republic of the United States of America, contrary to the form of the Statute in such case made and provided, whereby, and by force of the Statute in that case made and provided, the said ship or vessel, together with the said tackle, apparel, and furniture, and the materials, arms, ammunitions, and stores, belonging to and on board the said ship or vessel, became and were forfeited. Wherefore I, Her Majesty's said Advocate, on behalf of Her Majesty, pray the consideration of the Court in the premises, and that the said ship or vessel, together with her said furniture, tackle, and apparel, may, for the respective reasons aforesaid, severally remain forfeited. J. MONCREIFF. III.—CLAIM FOR THE OWNERS. CLAIM for the ship or vessel 'Pampero,' with her Tackle, Apparel, and Furniture, as she now lies seized by FREDERICK WILLIAM TREVOR, Collector of Customs, Glasgow, at Glasgow Harbour, in the County of Lanark. We, Messrs. Smith Fleming and Company, merchants in London, and John Fleming, merchant in London, acting partner of said firm, Robert Simpson, merchant in London, Edgar Pinchback Stringer, merchant in London, Alexander Collie, merchant in Manchester, Thomas Dunlop Finlay, merchant in Glasgow, Peter Denny, shipbuilder, Dumbarton, and James Galbraith, merchant in Glasgow, Declare that we are the owners of the ship or vessel 'Pampero,' with her tackle, apparel, and furniture (except sails), and her engines, boilers, and machinery, with spare machinery contained in the appraisement made by Frederick William Trevor, Collector of Customs, Glasgow, dated the 16th day of December 1863, and we claim the same. JAS. GALBRAITH, for self and other Claimants. WM. WATSON, Counsel for the Claimants. IV. CLAIM FOR THE BUILDERS. CLAIM for the ship or vessel 'Pampero,' or Goods seized by FREDERICK WILLIAM TREVOR, Collector of Customs, Glasgow. On behalf of Messrs J. and G. Thomson, shipbuilders in Glasgow, I, James Webster, S.S.C., declare, that they have a right of lien or retention over the vessel or goods, contained in the appraisement made by the said Frederick William Trevor, dated the 16th day of December 1863, for £16,000, due to the claimants as builders of the said vessel, and interest thereon, and I claim a right to retain the vessel in security thereof, or otherwise to have the vessel restored to the possession of the claimants, in whose possession the said vessel was at the date of the said seizure. JAMES WEBster. Edinburgh, 21st January 1864. V.-PLEAS FOR THE OWNERS. PLEAS for JOHN FLEMING of London, for himself and the other Partners of the Firm of SMITH, FLEMING, and COMPANY of London, ROBERT SIMPSON of London, EDGAR PINCHBACK STRINGER of London, ALEXANDER COLLIE of Manchester, THOMAS DUNLOP FINLAY of Glasgow, PETER DENNY of Dumbarton, and JAMES GALBRAITH of Glasgow, claiming the property of the ship or vessel called the 'Pampero,' together with the Furniture, Tackle, and Apparel belonging to and on board the said ship or vessel, to THE INFORMATION OF SEIZURE, in causa, HER MAJESTY'S ADVOCATE against the said JOHN FLEMING and Others claiming the said vessel 'Pampero,' seized under the Foreign Enlistment Act (59 Geo. III. cap. 69). For plea to the said Information, the said John Fleming for himself, and also as representing the firm of Smith, Fleming, and Company of London, Robert Simpson of London, Edgar Pinchback Stringer of London, Alexander Collie of Manchester, Thomas Dunlop Finlay of Glasgow, Peter Denny of Dumbarton, and James Galbraith of Glasgow, claiming the property of the said ship or vessel called the 'Pampero,' together with the furniture, tackle, and apparel on board the said ship or vessel, do say that the said ship or vessel, furniture, tackle, and apparel did not, nor did any or either of them, or any part thereof, become, nor are, nor is the same, or any or either of them, or any part thereof, forfeited for the several supposed causes in the said Information mentioned, or for any or either of them, in manner of form as by the said Information is charged. |