The Nineteenth Century 73 



cuddy window in revenge — told against him, the court was evidently re- 

 luctant to mulct the Captain in damages. But the Judge was obliged to lay it 

 down that passengers were entitled to the protection of the Captain, whom 

 he described as a magistrate on board. An interesting article, by the way, 

 might possibly be written on the legal position, illustrated by instances, of 

 the merchant skipper as the depository on the high seas of the sovereignty 

 of the state whose flag he flies. But to return to Madras; the case of Maw 

 against Learmouth was cited, being apparently the only known precedent 

 but it was distinguished from the case then before the court inasmuch as 

 King had not sought the protection of the oflBcers as Maw had done in vain. 

 A suggested arrangement between the parties coming to nothing, R. 100 

 damages were awarded. Then immediately afterwards the claim against the 

 First Officer was called on and the point was raised (by the same advocate 

 who had defended the Captain) that it could not be proved that the De- 

 fendant resided within the jurisdiction of the Court. This technical conten- 

 tion was upheld, the Judge remarking that had the objection been taken in 

 Captain Roe's case he would have decided it in his favour. Truly the course 

 of justice in the Small Cause Court of Madras seems that day to have zig- 

 zagged a little; but if Captain Roe had to pay his R. 100 it is to be hoped that 

 his piece of plate "with a suitable inscription" more than compensated him. 



The above stories are abridged from the Indian newspapers respectively 

 reporting them. Both are briefly mentioned in Prendergast's "Law Relating to 

 Officers of the Navy," published in 1852, but he only gives as a reference for 

 Maw V. Learmouth a scarce book of which the British Museum appears to 

 have no copy and for the True Briton case no reference at aU. The scarce 

 book, Medland and Weobly's "Remarkable Trials," when found, contains 

 only the Bombay Couriers report reprinted. I ought to add that by the 

 covirtesy of the Librarian at the India Office I have been able to consult both 

 that newspaper and the Madras Spectator. If the result, as here set forth, 

 cannot be called archaeology, it at least chronicles the small beer of a bygone 

 order. 



(W. Senior. Neptune as defendant. In: The Mariner's Mirror. London, 

 June 1914. v. 4, p. 162-167.) 



Reprinted with permission. 



Note the later reference under 1851. 



Among the festivals of the old Roman calendar, in pagan times, we find one 

 celebrated on the 3d of December, in honour of Neptune and Minerva. In 

 connection with the former of these deities we may here appropriately intro- 

 duce the account of a well-known custom, which, till recently, prevailed on 

 board ship, and was regarded as specially under the supervision of Neptune 

 who, in propria persona, was supposed to act the principal part in the cere- 

 mony in question. We refer to the grand marine satumaha which used to be 

 performed when 'crossing the fine:' that is, when passing from north to south 



