rton, it seems to me very doubtful
whether he can Claim the Salvage According to the Act of Parliament,
For Salvage is understood to be a Reward to the Recaptor, who has not
only rescued the Ship and Cargo out of the hands of the Enemy, but has
also effectually Secured the same for the benefit of the Owners, till
the safe Arrival of the Ship in a British Port, Which not having been
done in the present Case, makes me doubt of Success in an Appeal from
the Sentence.

WILL. STRAHAN.[3]

DOCTRS COMMONS, May 17, 1742.

[Footnote 3: An eminent advocate, of Scottish origin, M.A. Edinburgh
1686, D.C.L. Oxford 1709, an advocate from 1710, advocate to the
admiralty 1741-1748. As to Doctors' Commons, see doc. no. 102, note
2.]

According to the Evidence given in this Case I am of Opinn. that the
Brigantine the _Sarah_, being taken the 17th of Septemr. 1741 by a
Spanish Privateer in a voyage from Barbados, and retaken on the 26th
of Septemr. 1741 by the Privateer the _Revenge_ from Rhode Island,
commanded by Capt. Norton, and convey'd to Boston, The Captain of the
Privateer the _Revenge_ will be well entitled to Salvage for the
Brigantine and her cargo, and the said vessel having been 96 Hours in
possession of the Spaniards, the _Revenge_ Privatr. will be well
entitled to a Moiety of the value of Ship and Cargo.

The said Brigantine being seiz'd on the 4th of October by a Spanish
Merchant Ship and plunder'd will not abate the _Revenge's_ Right to
Salvage. If the Spanish Merchant Ship did actually give the Brigantine
(on the 5th of October at the request of a Spanish Priest) to Mr.
Thomas Smith, that will not barr the Salvage because such Ship could
have no property in the Brigantine. I therefore think that there's
good Reason for an appeal if this Case be truly stated.

G. PAUL.[4]

DR. COMMONS, July 10th 1742
Copy

[Footnote 4: George Paul, fellow of Trinity Hall, Cambridge, a
foundation specially devoted to the civil law, LL.D. Cambridge 1704,
vicar-general to the archbishop of Canterbury 1714-1755, king's
advocate 1727-1755.]

The Right of Salvage acquir'd by the Recapture of the _Sarah_ Brigt.
was not, I conceive, extinguished by its being taken again by the
Spanish Merchant Ship, she not being carried _intra praesidia_,[5] but
only plundered and let go. The Pretence of a Gift thereof to Captn.
Smith can have no weight, for the Spanish Mercht. acquir'd no property
by the Capture and could transfer none to Smit