se the Vessell and Cargo had been
Above Ninety Six hours in the Possession of the Enemy that took the
same, then to be Adjudged To be Restored to the Owners, they paying
for and in Lieu of Salvage One full Moiety or half part of said
Vessell and Goods so taken And Restored, without any deduction
Whatsoever, as in and by the said Act, Reference thereto being had,
more fully may Appear. Now So it is that notwithstanding said
Briganteen and Cargo had been taken as A Prize by said Spanish
Privateer and in their possession as such For twelve or Fourteen days
before she was Retaken by the said Benjamin Norton, who was properly
Commissioned thereto in said Sloop _Revenge_, yet the said Thomas
Smith, to Defeat the said Act And deprive the said Compl't[3] together
with said Norton and Crew of their Right and due as Abovesaid,
Contrary to the mind of One Jeremiah Harman who was on purpose left in
said Briganteen to Proceed therein and Assert their Right that
Surprized and Retook her, Yet the said Thomas instead of Proceeding to
Newport as intended Came in said Vessell and with the Aforesaid Cargo
to this Port of Boston, Where they Arrived in Safety in said
Briganteen and with the Aforesaid Cargo on or about the 23d day of
October 1741, and haveing turned the Said Jeremiah on shore have
Unladed and Delivered the said Briganteen Of her Cargo and Effects and
is now Preparing to send with the Owners Consent Or go with the said
Briganteen on a New Voyage Directly, without haveing Obtained Any
Decree of this Court as the Act directs or made Application therefore,
nor will the said Master Thomas Smith and Owners, tho' requested, pay
and give the said Moiety of the Vessell and Cargo so Retaken or any
part thereof to the Complainant For the Uses and purposes abovesaid.
Wherefore this being of a Maratime nature and regarding a Vessell and
Cargo retaken on the High Seas, Expressly falls within the
Jurisdiction of this Hono'ble Court. It's therefore pray'd your honour
will cause the said Vessell and Cargo so Retaken to be Seized and Kept
in the hands of the Marshall till a final Decree may be made on the
premises Pursuant to Said Act, and that the said Thomas Smith, John
Tyler and Thomas Lee may be Summoned in Case they or any of them see
fit to Appear and Answer this Complaint, and that the Complainant may
Obtain for the Uses and Purposes aforesaid your Honours Decree for One
Full Moiety or half part of said Brigantine and her Cargo or be
O