The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-05-27
. ,rWARKApIEoAsE OF BARRArRY::

,.r. M....,ssr plrd, an A vessel Of AIS
AZ. hut,t "a Kingston, Mass 10 1881, leN n'oD,
mond. yirs,nis, ia December, 1858, ~hn CO " =
arr for Rio Jaueiro. While at Rio, the cap'."'
vho.e name was John II Deiee. chartered ne' "
b-op a cargo Of coffee TO Hampton ROADS, ."s 90,
q, Tar orders She accordingly loaded WIN - %.
h.,. Of coffee, valued at $4,000 for ~n'o"
captsIn signed biils:o iading, consignine " :.
John Gallon. OF New York. The yesse. o''r
~. Nd, cn.,om uous .. and also Mt the on''oa
s,.,o. CopsuIste. 10 accordance win "ei -. 80
-, 49,, ..,,od m the 10Th Of January DOW
'-'''e ~. usmnton Road. She was some
.''...,. ua, reported a. "mss'ng, aus tue
.'"s s,... .rnposed that she was lost, Wnen sue
''"'s ha,rd OF around IN the Pacific, hsv'
was to VALPARAISO on the 9th Of March,
."s - YORK Journal Of Commerce gives the
ALLOWING history of the case:
''n Wv, ano.r, that before leaving the United
a., The CAPTAIN, who wasI part or CHIEF owner,
had borrowed 600 on DIS o,a ha az ps
ia sJ aot on,v borrowed additional sum thore by
nsI bo,tomry bond, but had also obtained
srnm the Messrs Max wells, who are ever ready to
oblise American commerce, an advance OF SLIPS
on the freight money he was to earn by transport.
inc the coffee to the United States
Alter clearing from Rio, however, he ran away
with both vessel and cargo, aud sailed arounu the
Horn for the Pacific. On reaching Valparaiso,
the captain asserted ownership Of ths cargo, aud
under the pretence Of tightening the draft OF bis
vessel aud facilitating his voyage to San Francis s.
CO. whittier he professed TO be bound. be discharg.
cd 600 bags Of the coffee, taking an advance on 1t
OF a. $50 aud ordering IL to be sold and the bal.
auce RENTED to Mr.. Pierce, OF Boston, from whom
he had obtained the frat mentioned loan. That
is the last heard of him, and whether he intended
to sail for California or will steer for Melbourne,
none can safely predict. Unless he breaks up the
cargo at different porte, he cannot we'll fnd
market for 1t, except at the two points inoicated
If he should sail for San Francisco, and be de-
tanned upon the voyage, the orders whica have
gone out overland may reach that port In time to
arrest his career. He was reported az paving MS
"wife, with him at Valparaiso, but whether the
female that passed under tnat name possessea any
legal right to that title cannot be determined
He may escape Justice, as he 10 very adrot in bis
movements, but he will be followed around the
world as far as he can be traced, and the chances
are very much against bin.
The case involved many questions OF very grave
importance. From the earliest years to which
underwriting tdates it's origin insurance companies
have undertaken to pay shipowners ana Shippers
of merchandise all damages, arising from the
"barratry of the master ana mariners Inc To-
gal def nition of barratry, is "any unlawful or
fraudulent act committed by the master or mari
uers of a ship, without the consent of the owner,
and tending to his injury, as by running away
with the ship, wlfully carry her out OF the course
which mas DeeO prehCTiDeu W tho o"uoi - o--N'Hs
or destroying her, embezziiDg the cargo, Snug
CLING, or any other offence whereby the ship or or
cargo may be subjected to arrest dete nton' loss
or forfeiture. In many European countries, '1g-
norance, unskilIfu,ness or rashness on the part
of the officers or crew by which loss might occur.
are also included but these we're not Acknowledged
by the English Common Law, and the decisions OF
the highest Courts in Great Britain, have limited
the application to intentional offences. Ii the
c.ptain be part owner Of tie vessel, no unlawful
act Of his can be legally considered barratry, al
though the acts Of the crew against his wishes
would follow within the statute THIS
raises a very interesting question as to nov iar
the action of the captain, in the case referred TO-
will bind the underwriters 10 repay the loes on the
cargo Any other owners in the ship could not
recover, while the captain Is part owner, because
being partner his act is their act Tor all 'es'
purposes.
The Journal says that since the mutineers Of
the Bounty ran away with that vessel. and found
ed the colony on Pitcairn leland 10 1870, no case
of like magnitude has occurred, to its knowledge
up to the beginning of the curront yeaf.