note 1: _Ibid._ The law required the appellant to give bond to
prosecute. A similar bond (Rhode Island, 1756) is printed in Professor
Hazeltine's monograph on "Appeals from Colonial Courts", in _Annual
Report_ of the American Historical Association for 1894, pp. 344-345.]
On the nineteenth day of Decem'r Anno Dom 1741 Personally Appeared at
Boston in New England John Overing, Esqr., and John Homans, Merchant,
both of Boston Aforesaid, who Submitting themselves to the
Jurisdiction of the High Court of Admiralty of England Obliged
themselves, their Heirs, Executors and Admin's to Thomas Lee, Merch't,
and John Tyler, Brazier, both of Boston Aforesaid, Owners of the
Brig't _Sarah_, Thos. Smith Mas'r, In the Sum of Three hundred Pounds
of Lawfull money of Great Brittain To This Effect, That is to say,
Whereas John Freebody of Newport in the Colony of Rhoad Island,
Merchant, Exhibited a Libel in the Court of Vice Admiralty for the
Province of the Massachusetts Bay in behalf of Himself and Benja.
Norton, Owners of a Privateer Sloop called the _Revenge_, And as Agent
for and in behalf of the Officers and Mariners of said Sloop, Against
the Aforesaid Brig't _Sarah_ for Salvage, etc. as per Libel on file
More fully sets forth, And whereas by decree of said Court of Vice
Admiralty Dated the Seventh day of Decem'r instant the said Libel was
dismist, And the said Freebody haveing Appealed from said decree or
Sentence to the Commissioners Appointed or to be Appointed Under the
Great Seal Of Great Brittain for Receiveing, hearing and determining
Appeals In causes of Prizes, now in Case the said John Freebody shall
not Prosecute the said Appeal to Effect within twelve months from the
Date hereof or in Case the Aforesaid decree Shall not be Revers'd By
the said Commissioners, then they do both hereby Severally Consent
That Execution shall Issue forth Against them, their Heirs, Executors,
Admin'rs, Goods and Chattels, wheresoever the same shall be found, to
the Value of the said Sum of Three hundred Pounds before mentioned, or
Treble such Costs as shall be Taxed in the said Court of Vice
Admiralty, But in Case the said decree be Reversed by the said
Commissioners Then this Bail shall be Void and of none Effect, and in
Testimony of The Truth thereof they have hereunto Subscribed their
names.
Att'r JOHN PAYNE, D. Reg'r. J. OVERING.
JNO. HOMANS.
Exam'd per JOHN PAYNE, D. Reg'r.
_153. Case (Freebo
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