There was no affidavit or certificate of neutral property on board, and the cargo would have been condemnable on this ground alone.
It being in an enemy's ship, it is presumed to be enemy's property until the contrary be shown by proper evidence under oath.

The Master, upon examination, testified that he had no knowledge of the ownership of the cargo; and this, though he was the agent and charterer of the ship, as well as Master.

The correspondence found on board--that is to say, a letter from the shippers to the consignee--states that the cargo is shipped, two thirds on account of the consignee, and one third on account of the shippers--the parties being the joint owners of the _undivided_ cargo in these proportions.

Therefore, whatever may be the general business-relations of the parties, they are, _quoad_ this shipment, partners; and the house in the enemy's country having shipped the goods, the other partner's share is condemnable, notwithstanding his residence in a neutral country.

See 3rd Phillimore, 605; and the Vigilantia, 1 Rob., pp.