Barbados. A collection of autograph letters and original documents relating to the Island of Barbados in the 18th century, ca. 1730-1778. HLS MS 1047, Harvard Law School Library.

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Sir,

The Commissioners being informed that you are authorized to dispose of the ground whereon the late Customhouse at Bridge Town Barbadoes stood, I am directed by them to desire you will acquaint me upon what Terms the said Ground will be let or sold, or whether the Proprietor will propose to build and let such a house and warehouses, as may be thought necessary for the Service of the Customs in that Port.

I am Sir Your most humble servant Edward Stanley

Customhouse London 1st September 1767

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To Joshua Sharpe Esq. Lincoln Inn

1st September Sir Stanley about a lease of the ground of the late custom house in Barbadoes

Answered 2nd September and asked £1000 for the ground

Case

The Morecraft, a British ship whose owners resided in England, was taken by the enemy and sometime since retaken in the West Indies by his Majesty's fleet under Admiral Townsend and carried into Antigua. Messrs. Taileton & Walker retained her there on behalf of the owners and she was by sentence in the Court of Admiralty in Antigua [desired?] to be delivered up to them to be appraized & they to pay 1/8 of her value to the captain for salvage. There was no appeal, she was appraised & the said claimants waited on Admiral Townsend with a copy of the sentence & demanded her. But the Admiral instead of delivering her up, sent her to England with a loading of prize goods on board for the benefit of the captors, that the owners of the ship were no way concerned in, and the said ship is now arrived at Portsmouth.

The Admiral navigated her to England with his own men, but the owners ran the risque of her in the voyage and have suffered the wear and tear of her & lost the benefit they might have made by affreight to England.

Whether the Admiral after the aforesaid sentence in Antigua could justify not delivering up the said ship to the said claimants there and send her with a loading as aforesaid to England and ought not to answer any and what freight or damage for the same? And what is the proper method for the owner to take either in England or Antigua to recover the same?

The several Acts of Parliament 13th 6 17th Geo. 2d. relating to prizes having directed that if any ship shall be proved in the Court of Admiralty to belong to his Majesties Subjects which had been before taken by the enemy and was afterwards retaken, the same should by decree of the Court of Admiralty be restored paying 1/8 of the true balance in lieu of salvage. If taken by any of his Majesties ships of war I am of opinion that the Admiral cannot justify his not delivering up the ship to the claimants after the sentence given at Antigua & that he could have no right to employ her in any service whatsoever. He will I conceive be answerable for what damage the owners have sustained & for the affreight earned by the ship at least for 7/8ths in the same manner as a part-owner of 1/8 would be to the other part owners. The owners upon obtaining the decree might have taken out a monition for the restitution of the ship which the court would have enforced. If that was not done the best method I conceive will be to exhibit affidavits in the court at Antigua of the Admiral's having sent the ship with a loading to London after the decree of restitution and to pray a monition against him to restore the ship together with affreight & damage.