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Updated: June 26, 2025
In another oration of Demosthenes we discover glimpses of what by many has been deemed maritime insurance, or rather of the fraud at present called barratry, which is practised to defraud the insurer: but, as Park in his learned Treatise on Marine Insurance has satisfactorily proved, the ancients were certainly ignorant of maritime insurance; though there can be no doubt frauds similar to those practised at present were practised.
If he concealed anything it was done after the wreck, and after your liability was confirmed. It was not even barratry. You must pay this insurance." "I will not bay it. I will not. I will fight you in der courts." Mr. Meyer stamped up and down the floor in his excitement, then stopped with a triumphant smile, and shook his finger into the face of the attorney.
She was caught by the Russians and her crew clubbed to death or sent to the quicksilver mines and then she came back to China, somehow, by way of Vladivostok and was sold and sold again till she fell into the hands of one, Chang, a sea scraper to whom everything came in handy from bêche de mer to barratry and murder.
A writ of habeas corpus will, by law, cause the delivery of the person to the right hands, but there is no part of the writ that can be used to guarantee that the person will remain thereafter. If Brennan tried to repeat this program, James Holden was very apt to suggest either the rather rare case of Barratry or Maintenance against Brennan.
"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."
"John Forster," he said, "alias Satterlee, I arrest you in the name of the United States, on the charge of having committed the crime of barratry, and warn you that anything you say now may be hereafter used against you." It was a horrible thing to say to be forced to say and no sense of public duty could make it less than detestable. Skiddy almost whispered out the words.
Barratry consists of the constant harassment of a citizen by the serial entry of lawsuit after lawsuit against him, each of which he must defend to the loss of time and money and the tying up of courts and their officials. Maintenance is the re-opening of the same suit and its charges time after time in court after court.
The risks, specified as assumed in the printed form were those "of the sea, men of war, fire, enemies, pirates, rovers, thieves, jettison, letters of mart and counter-mart, surprisals, taking at sea, arrests, restraints and detainments of all kings, princes or people of what nation, condition or quality soever, barratry of the master and mariners, and all other perils, losses and misfortunes that have or shall come to the hurt, detriment or damage of the said goods or merchandize, or any part thereof."
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