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.