" He states
that the cargo was shipped by Edward F. Davidson, "for and on account of
John Fair and Co., of London, &c." First, as to the _form_ of this
affidavit. A vice-consul is one who acts in place of a consul when the
latter is absent from his post; and when this is the case, he signs
himself as vice-consul, and his acts take effect _proprio vigore_, and
not as the acts of the consul--which this act purports to do. Further,
the Master was unable to verify this document, which, to give it
validity, he should have been able to do--he declaring that he could not
say whether it was a forgery or not. "Although, as has been said, the
ship's papers found on board are proper evidence, yet they are so only
when properly verified; for papers by themselves prove nothing, and are
a mere dead letter if they are not supported by the oaths of persons in
a situation to give them validity." 3rd Phillimore, 394. Further, "Valin
sur l'Ordonnance" says, "Il y a plus, et parceque les pieces en forme
trouvees abord, peuvent encore avoir ete concertees en fraude, il a ete
ordonne par arret de conseil du 26 Octobre, 1692, que les depositions
contraires des gens de l'equipage pris, prevaudrojent a ces pieces." The
latter authority is express to the point, that papers found on board a
ship are not to be credited, if contradicted by the oath of any of the
crew, and I take it that an inability to verify amounts to the same
thing.
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