ar
British owner of the property--see 3d Phillimore 596, to the following
effect:--"If in the ship's papers, property, in a voyage from an enemy's
port, be described 'for neutral account,' this is such a general mode as
points to no designation whatever; and under such a description no
person can say that the cargo belongs to him, or can entitle himself to
the possession of it as his property," &c.

And as to the second point--to wit, the failure on the part of the
shipper to divest himself of the title and control of the property by a
proper bill of lading--see 3rd Phillimore 610-12, as follows, viz.: "In
ordinary shipments of goods, unaffected by the foregoing principles, the
question of proprietary interest often turns on minute circumstances
and distinctions, the general principle being, that if they are going
for account of the shipper, or subject _to his order or control_, the
property is not divested _in transitu"_ &c.

* * * * *

_Monday, October 27th._--Another gale of wind! In the mid-watch last
night the barometer commenced falling, and by 3 this afternoon it had
gone down to 29.33, where it remained stationary for a time, and then
began to rise slowly, being at 29.45 at 8 P.M. The wind began to blow
freshly from the south, and hauled gradually to the westward, the
barometer commencing to rise when the wind was about W.S.W. In the early
part of the gale we had the weather very thick, with heavy squalls of
rain, clearing about nightfall, with the wind from the W.S.W.

In the midst of a heavy squall of wind and rain, and with a heavy sea
on, we discovered a brig close aboard of us, on our weather quarter; but
as we were on opposite tacks we soon increased our distance from each
other. Wore ship, and hove to, under close-reefed topsails on the
starboard tack. Being about a degree to the southward of St. George's
Bank, got a cast of the lead at 7 P.M., with no bottom at eighty-five
fathoms. Lat. 39.47 N., Long. 68.06 W., a little over two hundred miles
from New York.

_Tuesday, October 28th_.--Weather cloudy; wind light from the north,
hauling to the eastward. The heavy sea, from the effects of the gale
yesterday, continued all day rolling and tumbling us about, and keeping
the deck flooded with water. In the morning watch descried a brig
running off to the southward. She being some distance off, and running
in the wrong direction, we did not chase. Soon afterwards another sail