Ship, under U.S. colours. Among the papers is a charter party, dated
London, 1st January, 1863, executed between John Pirie and Co., and
William Grant, the Master, by which the ship was chartered to take coal
to Point de Galle, Ceylon, or Singapore, as ordered, &c. Without any
assignment of this contract, as far as appears, the ship seems to have
been loaded by entirely new parties, to wit, by one J.R. Smith, who
describes himself as the agent of H. Worms, of Cardiff. By the bill of
lading, the ship is to proceed to the. Point de Galle, and there deliver
the coal to the company of Messageries Imperiales. On the back of the
bill of lading is the following certificate:--"I certify that the
within-mentioned cargo is French property, having been shipped by order,
for the account of the Messageries Imperiales." This certificate is
signed by Mr. Smith, but is not sworn to, nor is the order, nor any copy
of the order to ship this cargo to an account of the Messageries
Imperiales, found among the papers. As the ship was not chartered by any
agent of this company, and as the coal was not shipped by any such
agent, Smith being the agent of Worms, and Worms not being described as
the agent of the company, the presumption is that, if there was any such
order at all in the case, it was a mere general understanding that the
company would pay so much per ton for coal delivered for them at their
depots, the property remaining in the shippers until delivery.
Pages:
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313