Zulema, Alfton, Master
| Jurisdiction | UK Non-devolved |
| Judgment Date | 10 June 1809 |
| Date | 10 June 1809 |
| Court | Privy Council |
English Reports Citation: 12 E.R. 6
Privy Council
The property claimed by several other citizens of the United States was also restored, as it appeared by the papers exhibited, that they were shipped for their account and risk, and were such articles as were calculated to be disposed of by retail, in the respective shops of the claimants who reside in Philadelphia.
[14] ZULEMA, alfton, Master [June 10, 1809]. Proof of a joint property with the enemy in a shipment, subjects such to condemnation. If the shipment be innocent it does not necessarily affect the ship. This was a case of appeal from the Vice Admiralty Court of Halifax, Nova Scotia, in which the whole property of the appellants, both in the ship and cargo, had been condemned as prize to the captors, in consequence of the enemy's being considered to have a share both in the ship and part of the cargo. The King's Advocate [Sir Christopher Robinson] and Daubeny for the captors.- This ship has been condemned in consequence of the suspicions papers which have been exhibited in the Court below, after permission had been granted to' introduce further proof, by which the present appellant failed to substantiate the claim of sole property on the part of Foussat and Mann, and several other American citizens concerned in the ship and cargo. Foussat and Mann are the registered proprietors of the whole ship, a,nd part of the cargo. This claim is however vitiated by the suspicious circumstances of the trade in which the parties had long been engaged, as well as' by the ship's own papers, and others, which have been invoked into this cause from the Columbian packet condemned in Bermuda, and also from the Titus. From these papers it appears the parties have been engaged in a trade on false grounds, and for false purposes. Foussat has a brother in Bourdeaux, who acts for others in that country as a confidential agent, in making shipments nominally for account of his brother in America, (which the ship's papers prove), but which the invoked papers give the strongest grounds to suspect, are for his own and their account. Amongst these papers one is [15] found in cypher, and another without any signature, but which there is strong reason to believe are the writing of Justin Foussat of Bourdeaux, in which he speaks with great anxiety of a ship, which he in a cant phrase denominates his eldest daughter, as containing part of his property, and which the particulars of her cargo mentioned, as...
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