On the morning of April 2, 1801, with a northeasterly wind and rough seas, the brig of the Spanish Royal Navy “Malagueño” with 16 guns, while on patrol on the north coast of Portugal, sighted the British merchant ship “Eva Livesey”. of ten guns that has left Oporto bound for the port of London loaded with wine and spices.

When she sights the Spanish brig, the British veers to take refuge in Porto.

However, the Spaniard caught up with him in a chase with the wind on the port quarter, reaching her height and cutting off the wind to the windward side.

The “Malagueño” fired a broadside with her starboard battery that caused damage to the British rigging and sails.

Faster than her prey, getting ahead of her, the Spaniard cut her bow and fired a second broadside with the starboard battery.

Faced with the artillery superiority and crew of the Spanish brig, the captain of the "Eva Livesey" lowered the flag