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BARRATRY

Volume 4 · 128 words · 1860 Edition

in a shipmaster, consists in defrauding the owners. If goods delivered on shipboard are embezzled, all the mariners are bound by the maritime law to contribute to the satisfaction of the party that has lost his goods; and the cause is to be tried in the admiralty. In a case where a ship had been insured against the bartrry of the master, and the jury found that the ship was lost by the fraud and negligence of the master, the court ruled that the fraud was bartrry, though not named in the covenant, but that negligence did not amount to that offence. A shipmaster who is at the same time a part owner, cannot commit bartrry. See Marshall on Insurance, I. c. 12; Park on Insurance, c. 5.