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(5) The Sidney Cove., Fudge, 2 Dod's Ad. 1; Harmer v. Bell, 7 Moore P. C. 267; the Eliza Waddell, 3 Hagg. Ad. 89; the Betsy, Hay, I Dod's Ad. 289; the Constancia, 10 Jur. 850; the Duke of Bedford, Morris, 2 Hagg. Ad. 294; the Selina, 2 Notes of Cases 18; the W. Safford, Lush Ad. 69.

(6) The Union, Lush Ad. 138; the Janet Wilson, Swab. Ad. 261; the Jonathan, Goodhue, Swab. Ad. 524; the Hersey, 3 Hagg. Ad. 404, 407; the Madonna D'Idra, 1 Dods Ad. 37, 40; the Repulse, 4 Notes of Cases 166; the Constancia, 4 Notes of Cases 512.

(7) The Salacia, Lush. Ad. 545; the Feronia, L. R. 2 Ad. 65; the Daring, L. R. 2 Ad. 262.

(8) The Jenny Lind, L. R. 3 Ad. 532; the Mary Ann, L. R. 1 Ad. 8; the Jonathan, Goodhue, Swab. Ad. 524; the Feronia, L. R. 2 Ad. 65; the Daring, L. R. 2 Ad. 262.

(9) The Constancia, 4 Notes of Cases 512; the Mary Ann, 9 Jur. 95; the Betsey Hay, 1 Dods Ad. 289; the Eliza Weddell, 3 Hagg. Ad. 89; the Sidney Cove, Fudge, 2 Dods Ad. 1.

(10) The Gustaf, Lush. Ad. 506.

(11) The Benares, 7 Notes of Cases, Supp. 50, 54.

(12) Foard on Merchant Shipping, 216.

(13) The Constancia, 2 W. Rob. 487; The Eliza, 3 Hagg. S9; The Betsy, 1 Dodds 239.

(14) The North Star, Lush. 45.

(15) Foard on Merchant Shipping, 232; Simonds v. White, 2 B. and C. 805; Scaife v. Tobin, 3 B. and Ad. 523.

(16) Abb. on Ship. 117; The Gratitudine, 3 C. Rob. 240; The Constancia, 10 Jur. 845; The Dowthorpe, 2 W. Rob. 79.

CHAPTER VI.

PART III.

BARRATRY.

Barratry is one of the perils insured against in the ordinary form of policy and is a breach of duty of the master or mariners with a fraudulent or criminal intent. Examples are, running the ship on shore without any justifying necessity, running away with her, and selling her, weighing under a foul wind, smuggling &c. (1)

An act is not barratrous except when it is to the prejudice of the owner. (2)

If any one unlawfully and maliciously sets fire to or in any way destroys any ship or vessel, whether complete or unfinished, or sets fire to, casts away or destroys any vessel with intent to injure any owner or part-owner of the ship or cargo or any insurance company having a policy on same, he is guilty of felony.

Piracy. Any acts of robbery and depredation committed upon our Great Lakes, (although in American waters,) which if committed on land would have amounted to felony, are piracy. (3)

No loss occasioned by the mere ignorance, incompetence or carelessness of the master can be called barratry.

NOTES.

(1) Gorham v. Sweeting, 2 Wms. Saund, 202 C. N. 13; Earle v. Rowcroft, 8 East. 126; Vallejo v. Wheeler, 1 Cowp. 143; 2 Arnould Ins. 705; Soares V. Thornton, 7 Taunt. 627; Faulkner v. Ritchie, 2 M. and Sel. 290; Dixon v. Reid, 5 B. and Ald. 597; Jones v. Nicholson, 10 Exch. 28; Heyman v. Parish, 2 Camp. 149; Havelock v. Hansill, 3 T. R. 227.

(2) Hobbs v. Hannam, 3 Camp. 63; Pipon v. Cole, 1 Camp. 434; Stamma v. Brown, 2 Str. 1173; Nutt v. Bourdieu, 1 T. R. 323.

CHAPTER VI.

PART IV.

MARITIME LAW OF NATIONS.

By the Treaty of Paris, the following rules are law during times

of war:

"1. Privateering is, and remains abolished.

"2. The neutral flag covers enemy's goods, with the exception of contraband of war.

"3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag.

"4. Blockades, in order to be binding, must be effective; that is to say, maintained by a force sufficient really to prevent access to to the coast of the enemy."

The above is not binding except between those powers who have acceded or shall accede to it.

The United States acceded to all the above rules but the first one, appertaining to the abolition of privateering.

The above are now the leading principles of the law of nations as affecting the freedom of commercial intercourse during the existence of war, but they may, by mutual agreement between two powers, be varied or departed from, and the law of nations only governs so far as it is not changed by treaty.

"By the Maritime Law of Nations, universally and immemorially received, there is an established method of determination whether captures be or be not lawful prize.

"Before the ship or goods can be disposed of by the capture there must be a regular judicial proceeding wherein both parties may be

heard, and condemnation thereupon as prize in a Court of Admiralty judging by the Law of Nations and Treaties.

"The proper and regular court for these condemnations is the court of that State to whom the captor belongs.

"The evidence to acquit or condemn with or without costs or damages, must in the first instance, come merely from the ship taken, viz., the papers on board and the examination on oath of the master and the other principal officers, for which purpose there are officers of admiralty in all the considerable sea ports of every maratime power at war, to examine the captains and other principle officers of every ship brought in as prize upon general and impartial interrogatories. If they do not appear from thence, ground to condemn as enemy's property, or contraband goods going to the enemy, there must be an acquital, unless from the evidence aforesaid the property shall appear so doubtful that it is reasonable to go into further proof thereof.

Therefore every ship

"The Law of Nations requires good faith. must be provided with complete and genuine papers; and the master at least, should be privy to the truth of the transaction."

APPENDIX.

NAVIGATION RULES.

43 VICTORIA,

CHAP. 29.

An Act to make better provision respecting the navigation of

Canadian waters.

[Assented to 7th May, 1880.]

W1

HEREAS the regulations for preventing collisions between vessels navigating Canadian waters, embodied in the Act of the Parliament of Canada hereinafter mentioned, were founded upon those then in force for the like purpose in the United Kingdom; and whereas in the exercise of the power given by the Act of the Parliament of the United Kingdom, known as "The Merchant Shipping Act Amendment Act, 1862," Her Majesty, acting on the joint recommendation of the Admiralty and the Board of Trade has, by an Order in Council bearing date the fourteenth day of August, 1879, annulled the regulations aforesaid, and has substi tuted for them others of the tenor and effect of those embodied in

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