Page:United States Reports, Volume 2.djvu/46

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N motion of the Apellant’s Counsel, before an appearance filed on behalf of the Appellee, stating that the prize Schooner was in a perishing condition, it was ordered, . That the Schooner, her tackle, apparel, and furniture, be sold at public auction, to the highest bidder, for the use of those to whom the same shall be finally decreed.

HIS was an appeal from the Admiralty of the State of Rhode-Island, where the Schooner had been condemned as prize; and the record was submitted to the decision of the Court, without argument. On the 24th of May, 1784,, , and , the presiding Commissioners, delivered the following judgment:

. It appearing, by the inspection of the record, that the Schooner in question, was captured from the British, since the operation of the preliminary articles of peace, (to wit, on the dayof) the condemnation cannot be sustained. Decree reversed. May