Cannot be truly follow’d. 

In following him, I follow but myself;

Heaven is my judge, not I for love and duty, 

But seeming so, for my peculiar end: 

For when my outward action doth demonstrate 

The native act and figure of my heart 

In compliment extern, ‘tis not long after

But I will wear my heart upon my sleeve 

For daws to peck at: I am not what I am.

The Tragedy of Othello, Moor of Venice

Act I, Scene 1

Eric Soares died on February 1st, 2012 in Lake Tahoe, following a skiing accident. Professor Emeritus and Chairman of the Marketing Department of California State University, he lived his last years as a retired professor. He took pride in the instigation of the Tsunami Rangers, a small band of friends who explored surf and rockhopping in breaking swells.

Several factors combine to make the passage around Cape Horn one of the most hazardous shipping routes in the world: the fierce sailing conditions prevalent in the Southern Ocean generally; the geography of the passage south of the Horn; and the extreme southern latitude of the Horn, at 56° south. As a comparative note, Cape Agulhas at the southern tip of Africa is at 35° south; Stewart Island/Rakiura at the south end of New Zealand is 47° south.

The prevailing winds in latitudes below 40° south can blow from west to east around the world almost uninterrupted by land, giving rise to the “roaring forties” and the even more wild “furious fifties” and “screaming sixties”. These winds are hazardous enough in themselves that ships traveling east would tend to stay in the northern part of the forties (i.e. not far below 40° south latitude); however, rounding Cape Horn requires ships to press south to 56° south latitude, well into the zone of fiercest winds. These winds are further exacerbated at the Horn by the funneling effect of the Andes and the Antarctic peninsula, which channel the winds into the relatively narrow Drake Passage.

The strong winds of the Southern Ocean give rise to correspondingly large waves; these waves can attain enormous size as they roll around the Southern Ocean, free of any interruption from land. At the Horn, however, these waves encounter an area of shallow water to the south of the Horn, which has the effect of making the waves shorter and steeper, greatly increasing the hazard to ships. If the strong eastward current through the Drake Passage encounters an opposing east wind, this can have the effect of further building up the waves. In addition to these ordinary waves, the area west of the Horn is particularly notorious for rogue waves, whose heights mastered the lore of sailors and only recently have been confirmed by science.

Cape Horn is located on Isla Hornos in the Hermite Islands group, at the southern end of the Tierra del Fuego archipelago, marking the northern edge of the Drake Passage, the strait between South America and Antarctica.

The Hermite are a group of Chilean islands in the archipelago of Tierra del Fuego. The largest is Isla Hermite, located northwesternmost in the group. East of Hermite are Herschel and Deceit islands. The smallest and southernmost island is Hornos Island, the location of Cape Horn.

The southern tip of Deceit island extends southeastwards through an line of sharp-edged rocks known as Los dientes o garras de Deceit (Deceit teeth or claws) that end in a rough islet, the Islote Deceit. Though not so southern as Cape Horn, this string of rocks is perhaps more impressive than the cape itself, especially during gales.

Cape Horn saw its heyday as a ship route, between 1845 and 1855, the era of the Yankee Clippers and the California gold rush. Less than twenty years later, in 1869, engineers at opposite ends of the earth completed the transcontinental railroad and the Suez Canal, simultaneously opening two safer, shorter, east-west travel routes. Furthermore, the steamship, which could plow steadily through the catabatic winds in the Strait of Magellan, further diminished the Cape’s terrors; and the Panama Canal in 1914 virtually ended traffic around the Horn. By the end of World War I, only a few South Australian grain ships still made rhe run, and today the only ships that regularly round the Horn are some from Chile or Argentina and the occasional aircraft carrier too large for the Panama Canal. The rare sailing vessel that does visit the Cape finds a romantic terror barely muted by modern technology.

So much more for a kayak following the bearing of a  tragic promontory.

Let us draw our attention to the lines of the fitting, gleaming mantle. One can almost listen to the clever remarks.

Nature is a primal teacher.

Excellent, excellent. A higher marginal propensity for sea kayaking manuals is precisely what it is needed to get us out of this slump. I see this as a strong signal to buy stocks.

The list of contributors is expansive, including all but one Nigel: Ray Goodwin, Doug Cooper, Trys Burke, Howard Jeffs, Loel Collins, Nigel Dennis, the perennially amusing Marcus Demuth, and more…

Shit. I am determined to buy one copy, if only to ascertain what is the exploding gadget tied to a tree’s trunk the the trailer shows under the subtitle “Waste Disposal”.

Regretfully, the trailer does allow to discern the presence of innovative rescues. However, I am sure that there will be at least, new nuances to rescue skills chosen as proven to work in most sea conditions, and a stock of ideas to stir the mind.

The Dvd goes for merely $24.95. Orders may be placed through the websites of Reel Water Productions and Body Boat Blade.

The following skills will be assessed for use with both experienced and inexperienced advanced

environment paddlers:

(…)

C.3 Safety awareness and risk management

(…)

C5 Demonstrate the capability to handle a range of incidents.”

BCU. 5 Star Leader Award Sea Kayak - Syllabus.

As Western civilization approaches hyperinflation, the collapse of the markets loom over us, and acute dangers of unrealiable phone services seem now plausible, my take is that all this might coincide with a widespread rise of zombies hostile to human life, engaged in a general assault on civilization.

Then, a leader should have clear strategies to cope with the next rapidly changing scenarios, and be conversant in skills that allow his group to a ready revert to pioneer living.

As traditional kayaking literature provides exiguous advice, I had to turn to the survival and preparedness community and zombie apocalypse whose expertise is such that rivals at time with that of open canoeists. This people talk real world and make a lot of sense, and the insight they provide is rare and priceless.

See. For the times when the blood sugar plummets, the urban survival snack vest might just come in handy if you expect to last an hour.

More later on how to open most car locks and hotwire all ignition systems, hide your AR rounds and the best choice for a concealable weapon or two.

This ain’t no party, this ain’t no disco.

The music is Pitbull’s “I Know You Want Me” featuring Calle Ocho, and the shooting was filmed by Steven Meisel.

Karen Elson is the one with telephone box red hair; and yes, the mere concept of it tickles me.

Riaan was joined by Dan Skinstad who in spite of a mild cerebral palsy, took on with African determination his training for this expedition in subpolar oceanic weather, along a 4,970 km-long coastline punctuated by fjords.

Riaan and Dan are paddling in a double sit-on-top kayak.

Both are rotundly happy to be South African.

Attila Vajda, the local athlete and gold medalist in C-1 1000 meters at the 2008 Summer Olympics in Beijing, was blown away.

The potential site places the turbines in the North end of Kyle Rhea, the narrow strait  between the Isle of Skye and the west coast of Scotland. The site was chosen due to its significant tidal resource, and also for its enclosed geography, sheltered from swells to allegedly, reduce the risk associated with the installation and maintenance of the devices.

The exact location and layout of the devices and cable route have not yet been defined but the project aims for the proposed array to be north of the ferry crossing, in approximately 30 to 35m water depth. From a navigation perspective this proposal would appear, although not specifically stated in the application, to be seeking an exclusion zone throughout the Kyle Rhea area. The installation of cable to shores would need the Hydrographic Office to be informed of the route and landfall location in order that the Admiralty Chart is updated to give information of the installation. On the other hand, the turbine array will certainly have an impact on the existing navigation light at Kyle Rhea Lighthouse as the sectors may become obscured by the structures, which will at least, ask for special marks.

A few days ago, the Scottish Government released a few days ago, the Scoping Opinion for the application submitted by Marine Current Turbines. The Northern Lighthouse board has already stated that the Scoping document makes a number of assumptions regarding Shipping and Navigation, which the Board do not consider to be a full and accurate depiction of these activities:

- When it refers to very light traffic volumes, presumably based on AIS data, without noting that AIS is generally only fitted to larger vessels. 

- When dismissing the risk to leisure traffic, without noting that Kyle Rhea is a significant transit route for such craft, whose ability to manoeuvre in strong tidal conditions is very limited.

- It also mentions to a local ferry operating June-August, when it actually operates April-October. The ferry also has restricted manoeuvrability, and will be set into the optimum array area by any North-going tide during transit. 

- When noting that the exclusion of vessels from Kyle Rhea during construction would cause ‘increased journey times and distances’, it eludes to consider that a closure of Kyle Rhea would render journeys impractical in view of the far greater exposure to adverse weather in the Minch.

It also predetermines the outcome of the NRA by assessing that ‘collision of vessels with the installed array is unlikely’. 

Finally, it notes that no naval routes are shown through Kyle Rhea, however it is notorious that the route is used by naval and auxiliary vessels. 

The Northern Lighthouse board considers that any increase in hazard to surface navigation in a constrained area with strong tidal flows is unwise, and requires a robust NRA that reflects such risk. In the absence of such an assessment, the Board would not consider this project to be viable. It notes that the optimum position for installation is likely to be in the centre of this constrained channel and that installation, maintenance and decommissioning will all significantly further impede the channel. Finally, the Borad would stress the importance of Safety of Life, which must be given due consideration in any development. 

The Scotland chapter of the Royal Yachting Association (RYA) notes that when Marine Current Turbines states that it has recently commissioned vessel surveys for the study area and that ‘During a 14 day period in March 2010, 94 vessel tracks were recorded’, this survey period provides an inadequate representation of recreational vessel movements in the area as March is very early in the season when many recreational vessels will still be laid up after the winter. The RYA would therefore expect another survey to be carried out during the high season, May to September, to gauge the full extent of vessel numbers in Kyle Rhea. 

Also, when the report states, referring to the types of recreational vessels that use the area, that ‘such craft will not normally be undertaking point-to-point passages but will be on out and return activities and may appear to be sailing in random direction…’, the RYA would like to make the developers aware that the majority of summer recreational traffic in the area is on a passage north or south for safety reasons and to save time rounding Skye. 

In summary the RYA’s concerns with offshore energy developments and recreational boating related to navigational safety, collision risk, risk management and emergency response, marking and lighting, effect on small craft navigational and communication equipment, weather, and the consecuences of such a location on the loss of cruising routes, the squeeze into commercial routes, the effect on sailing and racing areas, and the visual intrusion and noise.

Elaine succeeded.

The defendant, Mr Albert Haddock, has for many months, in spite of earnest endeavours on both sides, been unable to establish harmonious relations between himself and the Collector of Taxes. The Collector maintains that Mr Haddock should make over a large part of his earnings to the Government. Mr Haddock replies that the proportion demanded is excessive, in view of the inadequate services or consideration which he himself has received from that Government. After an exchange of endearing letters, telephone calls, and even cheques, the sum demanded was reduced to fifty-seven pounds; and about this sum the exchange of opinions continued.

On the 31st of May the Collector was diverted from his respectable labours by the apparition of a noisy crowd outside his windows. The crowd, Sir Basil, had been attracted by Mr Haddock, who was leading a large white cow of malevolent aspect. On the back and sides of the cow were clearly stencilled in red ink the following words:

TO THE LONDON AND LITERARY BANK, Ltd:

Pay the Collector of Taxes, who is no gentleman, or Order, the sum of fifty-seven pounds (and may he rot!) L 57/10/0 ALBERT HADDOCK

Mr Haddock conducted the cow into the Collector’s office, tendered it to the Collector in payment of income tax and demanded a receipt.

Sir Basil String: Did the cow bear the statutory stamp?

Sir Joshua: Yes, a two-penny stamp was affixed to the dexter horn. The Collector declined to accept the cow, objecting that it would be difficult or even impossible to pay the cow into the bank. Mr Haddock, throughout the interview, maintained the friendliest demeanour; and he now remarked that the Collector could endorse the cow to any third party to whom he owed money, adding that there must be many persons in that position. The Collector then endeavoured to endorse the cheque… 

Sir Basil String: Really? Where? 

Sir Joshua: On the back of the cheque, Sir Basil, that is to say, on the abdomen of the cow. The cow, however, appeared to resent endorsement and adopted a menacing posture. The Collector, abandoning the attempt, declined finally to take the cheque. Mr Haddock led the cow away and was arrested in Trafalgar Square for causing an obstruction. He has also been summoned by the Board of Inland Revenue for non-payment of income tax.

Mr Haddock’s Testimony, Summarised

Mr Haddock, in the witness box, said that he had tendered a cheque in payment of income tax, and if the Commissioners did not like his cheque they could do the other thing. A cheque was only an order to a bank to pay money to the person in possession of the cheque or a person named on the cheque. There was nothing in statute or customary law to say that that order must be written on a piece of paper of specified dimensions. A cheque, it was well known, could be written on a piece of notepaper. He himself had drawn cheques on the backs of menus, on napkins, on handkerchiefs, on the labels of wine bottles; all these cheques had been duly honoured by his bank and passed through the Bankers’ Clearing House. He could see no distinction in law between a cheque written on a napkin and a cheque written on a cow. The essence of each document was a written order to pay money, made in the customary form and in accordance with statutory requirements as to stamps, etc. A cheque was admittedly not legal tender in the sense that it could not lawfully be refused; but it was accepted by custom as a legitimate form of payment. There were funds in his bank sufficient to meet the cow; the Commissioners might not like the cow, but, the cow having been tendered, they were estopped from charging him with failure to pay.

As to the action of the police, Mr Haddock said it was a nice thing if in the heart of the commercial capital of the world a man could not convey a negotiable instrument down the street without being arrested. He has instituted proceedings against Constable Boot for false imprisonment.

Cross-examined as to motive, the witness said that he had no chequeforms available and, being anxious to meet his obligations promptly, had made use of the only material to hand. Later he admitted that there might have been present in his mind a desire to make the Collector of Taxes ridiculous. But why not? There was no law against deriding the income tax.

Sir Basil’s Decision

Sir Basil String (after hearing further evidence): This case has at least brought to the notice of the Court a citizen who is unusual both in his clarity of mind and integrity of behaviour. No thinking man can regard those parts of the Finance Acts which govern the income tax with anything but contempt. There may be something to be said – not much, but something – for taking from those who have inherited wealth a certain proportion of that wealth for the service of the State and the benefit of the poor and needy; and those who by their own ability, brains, industry, and exertion have earned money may reasonably be invited to surrender a small portion of it towards the maintenance of those public services by which they benefit, to wit, the Police, the Navy, the Army, the public sewers, and so forth.

But to compel such individuals to bestow a large part of their earnings upon other individuals, who prosper by way of pensions, unemployment grants, or education allowances, is manifestly barbarous and indefensible. Yet this is the law. The original and only official basis of taxation was that individual citizens, in return for their money, received collectively some services from the State, the defense of their property and persons, the care of their health or the education of their children. All that has now gone. Citizen A, who has earned money, is commanded simply to give it to Citizens B, C, and D, who have not, and by force of habit this has come to be regarded as a normal and proper proceeding, whatever the comparative industry or merits of Citizens A, B, C, and D. To be alive has become a virtue, and the mere capacity to inflate the lungs entitles Citizen B to a substantial share in the laborious earnings of Citizen A.

The defendant, Mr Haddock, repels and resents this doctrine, but, since it has received the sanction of Parliament, he dutifully complies with it. Hampered by practical difficulties, he took the first steps he could to discharge his legal obligations to the State. Paper was not available, so he employed, instead, a favourite cow. Now, there can be nothing obscene, offensive, or derogatory in the presentation of a cow to one man by another. Indeed, in certain parts of our Empire the cow is venerated as a sacred animal.

Payment in kind is the oldest form of payment, and payment in kind more often than not meant payment in cattle. Indeed, during the Saxon period, Mr Haddock tells us, cattle were described as viva pecunia, or ‘living money’, from their being received as payment on most occasions, at certain regulated prices. So that, whether the cheque was valid or not, it was impossible to doubt the validity of the cow; and whatever the Collector’s distrust of the former it was at least his duty to accept the latter and credit Mr Haddock’s account with its value. But, as Mr Haddock stated in his able argument, an order to pay is an order to pay, whether it is made on the back of an envelope or on the back of a cow.

The evidence of the bank is that Mr Haddock’s account was in funds. From every point of view, therefore, the Collector of Taxes did wrong, by custom if not by law, in refusing to take the proffered animal, and the summons issued at his instance will be discharged.

As for the second charge, I hold again that Constable Boot did wrong. It cannot be unlawful to conduct a cow through the London streets. The horse, at the present time a much less useful animal, constantly appears in those streets without protest, and the motor-car, more unnatural and unattractive still, is more numerous than either animal.

Much less can the cow be regarded as an improper or unlawful companion when it is invested (as I have shown) with all the dignity of a bill of exchange.

If people choose to congregate in one place upon the apparition of Mr Haddock with a promissory cow, than Constable Boot should arrest the people, not Mr Haddock.

Possibly, if Mr Haddock had paraded Cockspur Street with a paper cheque for one million pounds made payable to bearer, the crowd would have been as great, but that is not to say that Mr Haddock would have broken the law. In my judgment Mr Haddock has behaved throughout in the manner of a perfect knight, citizen, and taxpayer. The charge brought by the Crown is dismissed; and I hope with all my heart that in his action against Constable Boot Mr Haddock will be successful. What is the next case, please?

A. P. Herbert

Misleading Cases in the Common Law

Update on Sunday, July 24, 2011 at 11:45PM by Ignacio-Wenley Palacios

 

Post Scriptum: Another of A. P. Herbert’s misleading case concerns “The egg of exchange”. The question there was whether a cheque written on an egg could be paid into a bank, given the risk of the egg breaking or going bad. It was suggested that the cheque could be boiled.

More on this as I shall research the jurisprudence.

Neatly fragmented fundamentals: forward catch phase by rotating, not by leaning, an almost straight arm, a relaxed grip, loose hips, glide in the air phase of the stroke, and the eternally sought full rotation.