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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1826 edition. Excerpt: ...not pro hac vice) of the ship, it could never be barratry; and, therefore, the jury were pressed to say, whether it was with the consent of Willes or not; and they said, It was. Nothing is so clear, as that, if the owner of a ship assures and brings an action on the policy, he can never set up as a crime a thing done by his own direction or consent. It was therefore a material fact to proceed upon, if Willes had any thing to do in the case; but he had not. It appeared to me, that the nature of barratry had not been judiciously considered or defined, in England, with accuracy. In all mercantile transactions, the great object should be certainty; and, therefore, it is of more consequence that the rule should be certain, than whether the rule is established one way or the other: because speculators in trade then know upon what ground to proceed." His lordship then, after giving a definition of the word barratry, proceeded thus: "In this case, the underwriter has assured against all barratry of the master; and we are not now in a case where the owner or freighter is privy to it; if we were, it is evident, that no man can complain of an act to which he is himself a party. In this case, all relative to Willes may be laid out of it: he is originally the owner, but not the assurer here. Darwin was the freighter of the ship, and the goods that were on board were his; if any fraud be committed on the owner, it is committed on Darwin. The question then is, what is the ground of complaint against the master? He had agreed to go on a voyage from London to Seville; Darwin trusts he will set out immediately: instead of which the master goes on an iniquitous scheme, totally distinct from the purpose of the voyage to Seville; that is a cheat and fraud...
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