The Law of the Sea : a Manual of the Principles of Admiralty Law for Students, Mariners, And Ship Operators

Cover The Law of the Sea : a Manual of the Principles of Admiralty Law for Students, Mariners, And Ship Operators
The Law of the Sea : a Manual of the Principles of Admiralty Law for Students, Mariners, And Ship Operators
United States. Laws, Statutes, Etc
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— This expression frequently appears in maritime law and includes any act done by the master or crew, with crim- inal intent, in violation of their duty to the shipowner and with- out his connivance. It is a general term applicable to many criminal acts and therefore not properly classifiable as a crime by itself. The most flagrant form is where the ship is burned, scuttled or stranded by the master or crew. In Marine Insurance it includes every wrongful act willfully committed by the master or... crew to the prejudice of the owner, or, as the case may be, the charterer.
Inasmuch as barratry must be directed against or in fraud of the owner, it cannot be committed by a master who is a part owner of the ship, either generally or for the voyage. Thus in the old case of Marcadier v, Ins. Co., 8 Cranch 39, the master abandoned the voyage at an intermediate port for his own emolu- ment and advantage, and, as a result, a quantity of cargo was spoiled. It was contended that he had been gfuilty of barratry.


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