(seq. 11)

Damages on the payment of 1/8th of the value of the ship together with freight and
Damages are I conceive incidents to the [?] at Antigua and I doubt whether an
Action would [lye ?] in the Admiralty of England.

2. How is it advisable for the Owners to act with regard to their
now accepting the ship here at Portsmouth and paying the
salvage either upon the footing of the said appraisement in
Antigua or a new appraisement and so as not to prejudice
their aforesaid Demands?

I cannot advise the Owners to accept the ship at Portsmouth without satisfaction being
made them for the freight & damages as far as they might have been gainers if she had been
navigated at their expence, for they cannot after the ship is restored proceed to recover the
freight and damage by the seperate action.

[J?] Andrew

Drs. [Connors?] 4th Sept. 1746

By papers rec'd since the stating the within case it appears that Capt. [Balshen?], the Commander of the
[ ? ] ship in Admiral Townsends Squadron that retook the prize [ libelled? ] the ship in the Admiralty in
Antigua & by the name of Le Diligent which the French had given her & in which suit such sentence was
pronounced as within stated But with an exception in the sentence that the guns & arms on board were
not to be restored the claimants not proving property in them & it was an express direction in the sentence
that the cargo should be taken out of her. Capt. Balshen dyed & Admiral Townsend notwithstanding
remonstrances against it, sent the ship with the cargo to England as within stated and the Admiral is
since gone to Cape Breton & tis believed will not return to Antigua but come home to England which
absence of his from Antigua it is apprehended may occasion great delay if not render difficult
pursuing the remedy within advised and in the meantime the ship may lye and decay for avoiding
which damage to the ship the captors agents are willing to sell her & deposit the money if the owners
will consent, whih the owners are desirous of as far as they can consent without prejudicing their
demands as to the freight.

What safe method can be taken in this case to have the ship sold, and what steps are
adviseable to be taken by the owners for removing the guns & arms on board which
they can here prove property in?

No appeal having been entred from the sentence given at Antigua the owners will not now
be at liberty to prove their property in the guns and arms for the Judge of the [ ? ] Admiralty cannot
receive now proof after the sentence & the Superior Court can have no jurisdiction without an