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We shall have all particulars in proper time, by steering on one side of the law, which always huddles up everything. A keen eye must be kept upon that scoundrel, but he must never dream that he is watched at all; he has committed a capital offense. But as yet there is nothing but his own raving to convict him of barratry. The truth must be got at by gentle means.
It was the cradle of piracy; it destroyed the confidence of owners; barratry, if frequently repeated, would shake the whole commercial structure. A person who committed barratry would commit anything. In this manner he went on and on, reviewing the evidence of the case, destroying the whole fabric of the defense, dwelling at length on the enormity of the entire transaction.
Shall we call on him?" "Why, yes, yes," answered Clayton, dubiously; "I'm not afraid of him. I goy! I owe him nothing. He is such a litigious fellow, though; so persistent with it; barratry, champetry, mad incorrigibility: he's the wildest man of genius alive. But come on!" Knocking at a door on the second floor, a sharp, prompt reply came out: "Come!"
All had taken the local colouring, and were more Spanish than the Spaniards. A celebrated case of barratry was going on in 1863, the date of my first visit, when Lloyds sent out a detective and my friend Capt. Heathcote, I.N., to conduct the legal proceedings.
Barratry, as I understand it, is the unlawful act of a captain or crew at sea, causing damage or loss; and it only applies when the parties are purely employees. Did I understand rightly that Captain Bryce was part owner of the Titan?" "Yes," said Mr. Meyer, "he owns stock; and we insure against barratry; but this man, as part owner, could not fall back on it."
"By advantage taken of one in fault, in dire peril, and at thy mercy, thou hast seized goods worth above thirteenpence ha'penny, paying but a trifle for the same; and this, in the eye of the law, is constructive barratry, misprision of treason, malfeasance in office, ad hominem expurgatis in statu quo and the penalty is death by the halter, without ransom, commutation, or benefit of clergy."
If he chooses to tell you, that is his affair. For B. 300 let us confess it is, as Hardenberg puts it, as crooked as a dog's hind leg. It is as risky as barratry. If you pull it off you may after paying Ryder his share divide sixty-five, or possibly sixty-seven, thousand dollars between you and your associates.
If I could sell my small, shrinking and flat-chested steamer trunk original value in New York eighteen dollars and seventy-five cents for what it cost me over on the other side in registration fees, excess charges, mental wear and tear, freightage, forwarding and warehousing bills, tips, bribes, indulgences, and acts of barratry and piracy, I should be able to laugh in the income tax's face.
"We're attendin' strictly to our own business, and the United States Govvument better take pattern and go along and mind its own," retorted Cap'n Sproul, with so little of the spirit of gratitude that a shipwrecked mariner ought to display that the cutter officer glared at him with deep suspicion. "What were you mixed up in mutiny or barratry?" he growled. "We'll find out later. Get in here!"
We boarded her, sad at heart that a craft so lovely should come to a pass like this; and 'twas at once plain to us sailor-men that 'twas a case of ugly abandonment, if not of barratry plain, indeed, to such as knew the man, that in conspiracy with the skipper Jagger had caused the wreck of the schooner, counting upon the isolation of the place, the lateness of the season, the simplicity of the folk, the awe in which they held him upon all this to conceal the crime: as often happens on our far-off coast.
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