sario y el Santo Christo de Buen Viage_
Philip Y Banes Mr.

A Business of Appeal and Complaint of }
Nullity promoted by Philip Y Banes Master } For Sentence
of the Spanish Ship _La Virgin del Rosario_ } on the Second
_Y el Santo Christo de Buen Viage_ } Assignation
against Richard Haddon Commander of } and Informations.
the Schooner _Peggy_ }

Their Lordships having heard the Proofs and Council on Both Sides
declared that it Appears to their Lordships that upon the Case laid
before the Judge below by the Respondent himself the Capture of the
Effects in Question ought to have been deemed Piratical, that the
Respondent ought to have been prosecuted for the same and the Effects
Secured and that the Proceedings were Irregular and Illegal and the
Sentence of Condemnation of the Thirty first March 1757 Appeald from
Unjust and Warranted by no Collour of Proof. Therefore their Lordships
By their Final Decree or Sentence Reversed the same and Decreed the
Ten Doubleoons, five thousand seven hundred and sixty four Dollars,
one hundred and five Pistreens, one Bracelet, Twenty Gold Rings, the
Silver Buckles and Small Silver, Six Swivel Guns and Shott, one Cask
of Powder and Cutlasses and one Bag of Indigo to be Restored or the
Value thereof to be paid to the Claimant, and Condemned the Captor in
Costs and Damages and their Lordships are of opinion that the Governor
of New York ought to cause the Bond given by the Captain of the
Privateer to be put in Suite and apply the Penalty for the Benefit of
the Claimant.

GODF'Y LEE FARRAND, Register
of his Majesty's high Court
of Appeals for Prizes.

_196. Appeal of Miller and Simpson. July 7, 1761._[1]

[Footnote 1: For Miller, see doc. no. 186, note 3; for Simpson, doc.
no. 187, note 3. The Lords Commissioners for Appeals, in pronouncing
the decree just preceding, evidently considered that the whole matter
was before them; but Judge Morris, July 4, 26, 1761, declared that the
sentence reversed by them was solely that of Mar. 31, 1757, condemning
as prize the goods brought by Haddon, and that their decree was no
reversal of the sentence of Feb. 10, 1759.]

Thomas Miller and {
Sampson Simpson { New York Court of Vice
_ad's_ { Admiralty.
The King {

Whereas you the Honorable Lewis Morris, Esqr., Commissary and Judge of
the Court of Vice Admiralty for the Province of New York, did lately
pronounce your Decr