Page:United States Reports, Volume 1.djvu/106

 

HIGH COURT of ERRORS and APPEALS, of Pennʃylvania.

September Seffions, 1784.

HIS was an appeal from a decree in the Admiralty on the following cafe:—Silas, Talbot,  commander of the armed floop Argos,  belonging to, and in the fervice of thefe States, duly commiffioned, failed from New-London,  in the State of  Connecticut,  the twenty-ninth of Auguʃt, 1779, on a cruife. On the ʃixth of September, after an engagement of three hours, he took a prize upon the High Seas, an armed Letter of Marque veffel, called the Betʃey,  of two hundred tons burthen, with a valuable cargo, belonging to fubjects of  Great-Britain,  not being inhabitants of Bermuda,  and bound for New-York,  then in poffeffion of the Britiʃh naval and land forces. He took the commander and eleven of the people out of the prize, leaving three in her, and put on board a Prize-mafter and eleven other hands, with inftructions to proceed to New-London. The firing was heard, and the engagement for more than an hour feen by perfons on board three Letter of Margue Brigs that had lately failed from Philadelphia.  During the engagement that Betʃley  was perceived from the three Birgs, bearing toward them. Her furrender was alfo feen on board them. The prize-mafter in obedience to this inftructions, proceeded on his voyage in company with Argo for New-London.  Some time after the three Brigs were For the decree in the Admiralty in this cafe, and the evidence upon which it was principally founded, I beg leave to refer the Render to a fmall volume of Reports of Cafes in the Admiralty of Pennʃylvania, publifhed by the Francis Hopkinʃon, Eʃquire, the Judge of the Court ; and printed by in Philadelphia. In this book will, likewife, be founded feveral important queftions of Hypothocation.