February i. 1769, James Scrimgeour and Son
[Lord P it f o u r Reporter.]
February i. 1769,
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James Scrimgeour and Son, merchants in Borrowftounnefs, purfuers, V, ' ’
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A G A I N S T
William Alexander and Sons, merchants in Edinburgh,, v/ Ct t C-Ctx defenders. a/ A
'2* tzc*fys * However, the purfuers agreed to freight them their (hip the Duke o f / A Athol, then lying at Borrowftounnefs, either of the voyages before •, Fu- mentioned ; but on this condition, that they fhould in a fhort time de■ u y .' ~ termine which of the voyages the fliip was to go ; and, in confequence ° f this communing and agreement, the defenders wrote a letter to the purfuers o f the following tenor. Edinburgh, 2$d March 1765 “ Gentlemen, W e hereby agree to freight your (hip the Duke of A “ *hol> Captain William Dick, on either o f the following voyages, “ in 0l,r option, to be determined by a letter from us on or before A the 10th April next, v iz . From this frith to any port or ports in the “ ifland of Granada in the Weft Indies, and back to London, to pay (( rrj
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“ 3 s. 6. d. Sterling per ico weight of fugar, delivered at the Kina’s “ beam there ; and the current freight to London for any other kind “ of g ° ° ds : t he port-charges to be on the fame footing as the fhips which take in freight from Granada to London, except the article “ of primage, which is hereby exprefsly excluded : or from this frith to Virginia or Maryland, at L. 6 Sterling the tun of tobacco, count“ Ing twenty barrels o f tar or turpentine as a tun of tobacco, to re( turn t° any port in this frith ; and allb to pay two thirds port-char ges, and no primage : the freight outwards to be free in both voy ages: and we alfo to have the cabin and Peerage for paffengers out and home; paying five guineas for provifions for cabin-palfengers, and two guineas for fieerage-paflengers ; we alfo finding bedding ! the lie-days in both cafes to be fixty days from the faid fhip’s coming to her moorings at the loading-place; and if fhe fhould be detained beyond leventy days, to pay two guineas per day demurrage. We agree alfo to give the Captain two guineas for a hat, provided he behaves properly, and gives the proper affiftance to our people for procuring difpatch. It is alfo exprefsly ftipulated upon your part “ that the fr'P be in the road of Leith/clear to fail, upon the 20th “ April. We are,” As by this letter MelT. Alexanders were to determine betwixt and t.ie ioth April, which of the two voyages the purfuers fhip was to go fo upon that fame ioth April they wrote them the following letter! Sirs. As we have come to the refolution of fending your lhip di rectly to Granada, we mud intreat you will give orders for having " her btted properly for that voyage with all poffible expedition, fo as the may appear at the port of Leith by the ioth or 20th. current “ at furtheft. We are,” &c. 5 In confequence of this, the purfuers accordingly fitted out their (hip for the intended voyage from the frith of Forth to the itland of Gra nada, and from thence to the port of London, and had her ready in due time, and fhe did fail from the frith of Forth upon the 5th May 176 5, and arrived fafe in the ifland of Granada upon the Sth lulv thereafter, where fhe lay for fifty-feven days. 7 This arrival is evidenced by a letter from' Captain Dick, mailer of the Duke of Athol, dated at St George, Granada, 1 6th July 17 6 cwherein he writes to the purfuers, “ Gentlemen, This ferves to acquaint y°u, by Captain Laurence Brown of the Alexander, who comes to “ Loudon, that we arrived here the Sth inftant, after a paffage of “ nine
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nine weeks. We are difcharging as fad as poflible, to get clear for “ failing.” But in place of proceeding upon her determined voyage from Gra nada to London, Alexander-John Alexander, one of the Sons and partners in the company of William Alexander and Sons, to whom the fiiip was configned, prevailed w'ith Captain Dick the mafter, to fail for Carolina : but as this was contrary to the Captain’s inftrudtions from the purfuers, he at fir ft refufed to fail the fhip for Carolina ; upon which the faid Alexander-John Alexander, in order to remove any fcruples the maker had upon that head, wrote the Captain the follow ing letter by way of anfwer to one wrote him by the Captain. (C77
February i. 1769,
X W
c/5 / ■ u
sv
’
^
INFORMATION xy&teitA.
( (A (-iX*
j
yy t
-7
-Zs/'P*~~
/
. ' f
James Scrimgeour and Son, merchants in Borrowftounnefs, purfuers, V, ' ’
J
Or
ZPL
A G A I N S T
William Alexander and Sons, merchants in Edinburgh,, v/ Ct t C-Ctx defenders. a/ A
'2* tzc*fys * However, the purfuers agreed to freight them their (hip the Duke o f / A Athol, then lying at Borrowftounnefs, either of the voyages before •, Fu- mentioned ; but on this condition, that they fhould in a fhort time de■ u y .' ~ termine which of the voyages the fliip was to go ; and, in confequence ° f this communing and agreement, the defenders wrote a letter to the purfuers o f the following tenor. Edinburgh, 2$d March 1765 “ Gentlemen, W e hereby agree to freight your (hip the Duke of A “ *hol> Captain William Dick, on either o f the following voyages, “ in 0l,r option, to be determined by a letter from us on or before A the 10th April next, v iz . From this frith to any port or ports in the “ ifland of Granada in the Weft Indies, and back to London, to pay (( rrj
'Y~t7GC Cl / r ol A. jlx ,ervw Ou-
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“ 3 s. 6. d. Sterling per ico weight of fugar, delivered at the Kina’s “ beam there ; and the current freight to London for any other kind “ of g ° ° ds : t he port-charges to be on the fame footing as the fhips which take in freight from Granada to London, except the article “ of primage, which is hereby exprefsly excluded : or from this frith to Virginia or Maryland, at L. 6 Sterling the tun of tobacco, count“ Ing twenty barrels o f tar or turpentine as a tun of tobacco, to re( turn t° any port in this frith ; and allb to pay two thirds port-char ges, and no primage : the freight outwards to be free in both voy ages: and we alfo to have the cabin and Peerage for paffengers out and home; paying five guineas for provifions for cabin-palfengers, and two guineas for fieerage-paflengers ; we alfo finding bedding ! the lie-days in both cafes to be fixty days from the faid fhip’s coming to her moorings at the loading-place; and if fhe fhould be detained beyond leventy days, to pay two guineas per day demurrage. We agree alfo to give the Captain two guineas for a hat, provided he behaves properly, and gives the proper affiftance to our people for procuring difpatch. It is alfo exprefsly ftipulated upon your part “ that the fr'P be in the road of Leith/clear to fail, upon the 20th “ April. We are,” As by this letter MelT. Alexanders were to determine betwixt and t.ie ioth April, which of the two voyages the purfuers fhip was to go fo upon that fame ioth April they wrote them the following letter! Sirs. As we have come to the refolution of fending your lhip di rectly to Granada, we mud intreat you will give orders for having " her btted properly for that voyage with all poffible expedition, fo as the may appear at the port of Leith by the ioth or 20th. current “ at furtheft. We are,” &c. 5 In confequence of this, the purfuers accordingly fitted out their (hip for the intended voyage from the frith of Forth to the itland of Gra nada, and from thence to the port of London, and had her ready in due time, and fhe did fail from the frith of Forth upon the 5th May 176 5, and arrived fafe in the ifland of Granada upon the Sth lulv thereafter, where fhe lay for fifty-feven days. 7 This arrival is evidenced by a letter from' Captain Dick, mailer of the Duke of Athol, dated at St George, Granada, 1 6th July 17 6 cwherein he writes to the purfuers, “ Gentlemen, This ferves to acquaint y°u, by Captain Laurence Brown of the Alexander, who comes to “ Loudon, that we arrived here the Sth inftant, after a paffage of “ nine
(
3
)
nine weeks. We are difcharging as fad as poflible, to get clear for “ failing.” But in place of proceeding upon her determined voyage from Gra nada to London, Alexander-John Alexander, one of the Sons and partners in the company of William Alexander and Sons, to whom the fiiip was configned, prevailed w'ith Captain Dick the mafter, to fail for Carolina : but as this was contrary to the Captain’s inftrudtions from the purfuers, he at fir ft refufed to fail the fhip for Carolina ; upon which the faid Alexander-John Alexander, in order to remove any fcruples the maker had upon that head, wrote the Captain the follow ing letter by way of anfwer to one wrote him by the Captain. (C77
