The shippers, farther, instead of sending their grain as freight in a general ship, consigned to the owners, they paying the freight, charter the whole ship, and stipulate themselves for the payment of the freight.
If this property had been _bona fide_ the property of the parties in Belfast named in the depositions, it would undoubtedly have been consigned to them, under a bill of lading authorizing them to demand possession of it, &c., &c.; the agreement with the ship would have been that the consignees and owners should pay the freight upon delivery.
Even if this property were purchased, as pretended, by Messrs.

Craig and Nicoll, for the parties named, still their not consigning it to them and delivering to them the proper bill of lading passing the possession, left the property under the dominion of Craig and Nicoll, and as such, liable to capture.

The property attempted to be covered by the Messrs.
Montgomery, is shipped by Montgomery Bros.

of New York, and consigned to Montgomery Bros., in Belfast; and the title to the property, so far as appears in the bill of lading, is in the latter house, or in the branch house in New York.

Further, the mere formal papers of a ship and cargo prove nothing, unless properly verified, and in this case the master of the ship, although a part owner of the ship, whose duty it was upon taking in a cargo in time of war, to be informed of all the circumstances attending it, and connected with the ownership, knew nothing, except what he learned from the face of the papers.