Burrell la virgin deal rosario you el santo Christ de buen voyage a Spanish  ship be meet that December near the island of Cuba by the Peggy privateer  Richard Haddon commander who forcible take out a tantus that of money and  other valuable effect and then dismiss the ship and arrive at new York that  march libel in the viceadmiralty court against the say money and other good  the captain of the privateer examine one mariner find on board the ship who he  detain when the ship be dismiss who be a subject of the grand seignor who  swear he believe if the vessel have be take by any vessel of any nation she  will have be a lawful prize that if she have be take by a Spanish guarda Costa  the whole crew will have be hang as pirate that they consist of almost all  nation one of the chief be a Frenchman saint march upon this evidence the  cause be hear at new York when the judge decree say money and other good  mention in the libel as lawful prize for the use of the captor provide no just  and lawful claim be make to they within a year and a day and that the  libellant stipulate with security with the registrar of the court in the  amount of the good be pound S d to bring say amount into court when the court  shall order within the say year and a day the master of the Spanish ship have  in the meantime make complaint at Jamaica and in England of the conduct of the  master of the privateer in consequence thereof that march the king  advocategeneral file a claim in the viceadmiralty court of new York for say  money and good in the name of the king that the same may be restore to the  Spanish subject interest therein to this claim objection be give in by way of  demurrer on the part of the say r Haddon for that the king not be allege to be  any way interest in the effect in question he be not a proper party to the  suit that April upon these objection the judge of the viceadmiralty dismiss  the claim give by the advocategeneral Burrell that September a claim be give  in the viceadmiralty court of new York against the say sum of pound S d be the  amount of the stipulation bind by Philip Ybanes who be the master of the  Spanish ship out of which the money c have be take the claim the judge reject  because the stipulation be only to bring the money into court within a year  and a day after the sentence saint march which be now long since expire that  December on appeal the lord declare that it appear from the case lie before  the judge below by the respondent himself that the capture of the effect in  question ought to have be deem piratical that respondent ought to have be  prosecute for the same and the effect secure that the proceed be irregular and  illegal and the sentence of condemnation appeal from unjust and warrant by no  colour of proof therefore reverse the same and decree the effect to be restore  or the value thereof to be pay to the claimant and condemned the captor in  cost and damage and their lordship be of opinion that the governor of new York  ought to cause the bind give by the captain of the privateer to be put in suit  and to apply the penalty for the benefit of the claimant