[Appendix A(60) 1792 Report of Commissioners of Inquiry]

N° 60.

The Duke of ATHOLL's APPEAL respecting WRECKS.

CHANCERY BOOK, 1783;

To the Honourable RICHARD DAWSON, Esquire, Lieutenant Governor of the Isle of Man.

The Petition of Appeal of the Most Noble JOHN Duke of ATHOLL, Lord of the Manor of the said Isle, &c. &c.

Sheweth

That your Appelant was and is intitled to all wrecks of the sea in and about the said island

That a certain vessel, with her cargo, consisting of several bundles of rod-iron, twenty-three barrels of tar, and three crates of wine, was, on or about the 3d day of November last, wrecked at or near a certain place in the parish of Kirk Andreas in the said isle, called Laane Moar.

That John Tear, your Appellant's Moar or Bailiff in the said parish, did upon the said 3d day of November last, possess himself of the said wreck on the behalf of your Appellant:

That John Gammell, a pretended Officer of the Customs of the port of Ramsey in the said isle on or about the 4th day of November aforesaid, forcibly dispossessed your Appellants said Moar or Bailiff of the wreck and withheld the possession thereof from your Appellant:

That your Appellant soon afterwards preferred his Petition to your Honour, stating the matters aforesaid, and praying to be repossessed of the said wreck; and after several witnesses had been examined in the matter, the said Petition came on to be heard by and before your Honour upon the 12th day of March last past, your Appellant well hoped and expected that your Honour would have ordered and adjudged the said wrecked goods to be delivered to your Appellant; but to his great surrprise your Appellant finds, that your Honour by your judgment, bearing date the said 12th of March last, dismissed the said Petition :

That the dismission of the said Petition tends in effect to destroy and annihilate your Appelant's. right to all manner of wrecks of the sea on or about the coasts of the said island, and your Appellant therefore apprehends himself much injured and aggrieved thereby ; and for redress in the premises,

He humbly appeals from your Honour's said judgment, dated the 12th of March aforesaid, to His Most Excellent Majesty in Council, praying your Honour's acceptance hereof, and that a reasonable time may be allowed for the prosecution of the same

This Appeal is accepted, provided the Appellant forthwith enters into a bond, with sufficient sureties, in the sum of one hundred pounds British, for the use of our Sovereign Lord the King that he the said Appellant will prosecute this his Appeal with effect according to law; and also shall and will pay or cause to be paid unto the Respondent, his executors, or administrators, all such costs and charges as shall be awarded in case the judgment appealed from be affirmed. Given at Castle Rushen this 9th of April 1783.

R: DAWSON,

Know all men by these presents, That I Robert Heywood, Gentleman, on behalf of the Appelant ; and we, Calcott Heywood and James Grant, both of Castletown, Gentlemen, do hereby acknowledge ourselves to be held and firmly bound to our Sovereign Lord the King in the penal sum of one hundred pounds lawful money of Great Britain , to the payment whereof, well and truly to be made to our said Lord the King, his heirs and suceessors, or certain attorney, we jointly and severally bind and oblige ourselves, our heirs, executors, and administrators, firmly by these presents, as witness our subscriptions this 9th day of April 1783.

The conditions of the before-written bond or obligation is such, that if the said Appelant, heirs or assigns shall and will prosecute the before-writen Appeal with effect according to law within the time limited in the acceptance thereof; and also shall and will well and truly pay or cause to be paid to the Respondent, is executors and administrators, all such costs and charges as shall be awarded him or them in case the judgment appealed from be affirmed ; then the said bond or obligation to be void, otherwise to be and remain in full force and virtue.

ROBERT HEYWOOD.
CALCOTT HEYWOOD.
JAMES GRANT,

Executed in prefence of John Quayle, C.R.

Examined by JOHN QUAYLE, C.R.

Any comments, errors or omissions gratefully received The Editor HTML Transcription © F.Coakley , 2021