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Robert Treat Paine Papers, Volume 4

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Resolve Directing the Attorney General to File a Claim against the Ship Somerset
Massachusetts General Court RTP
Passed January 9, 1779

Resolved that the Attorney General be and he hereby is impowered and directed to file and support a claim in the Maritime Court, in behalf of this State, against the Ship Somerset and appurtenances, said to be wrecked on some part of the shore in the County of Barnstable.1

Printed as Chapter 332 [1778–1779] in The Acts and Resolves, Public and Private, of the Province of the Massachusetts Bay, 1777–1778 (Boston, 1918), 547.

1.

RTP noted in his diary on Mar. 29: “tryal of Ship Somersett british 74 guns ship argued for State.” Three days later, on Apr. 1, he “argued for the Marlborough’s Prize.”

The case of Simeon Spencer et al. v. the Ship Somerset was appealed from the Maritime Court to the Superiour Court of Judicature at its June 1779 session for Essex County. The jury determined that:

the said Ship Sommersett and her Cargo & effects were the property of the King of Great Britain, said Ship being his Ship of War and employed in committing hostilities against the united States of America and that sd. Ship was by the act of God cast on the shores of this State near the Towns of Truro & Province Town in the County of Barnstable and there stranded—and the Jury adjudge one half of the neat proceeds of sd. Ship her Cargo & Effects to the Government and People of this State, one sixth part thereof to Simeon Spencer & others claiming under him, one twelfth part thereof to Sylvanus Snow & others claiming under him, and the remainder thereof being one fourth to Seth Nickerson & others claiming under him, the said Seth Nickerson & others first paying out of sd. remainder to Samuel Smalley, John Hill, John Ridley, Abraham Coan, Elisha Dyer, Richd. Stevens, Barzillai Smith, Constant Hopkins, Taylor Small, Josa. Payne junr. & Wm. Dyer each such sum of money as will amount to a single share of the one twelfth part adjudged to Sylvanus Snow & others claiming under him.

(Superiour Court of Judicature Minute Books, “Book Containing Appeals from the Maritime Court,” June 1779–Oct. 1788. Massachusetts Judicial Archives, Boston, Mass.)