Barratry

3 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Barratry \Bar"ra*try\, n. [Cf. F. baraterie, LL. barataria. See
     {Barrator}, and cf. {Bartery}.]
     1. (Law) The practice of exciting and encouraging lawsuits
        and quarrels. [Also spelt {barretry}.] --Coke. Blackstone.
        [1913 Webster]
  


     2. (Mar. Law) A fraudulent breach of duty or willful act of
        known illegality on the part of a master of a ship, in his
        character of master, or of the mariners, to the injury of
        the owner of the ship or cargo, and without his consent.
        It includes every breach of trust committed with dishonest
        purpose, as by running away with the ship, sinking or
        deserting her, etc., or by embezzling the cargo. --Kent.
        --Park.
        [1913 Webster]
  
     3. (Scots Law) The crime of a judge who is influenced by
        bribery in pronouncing judgment. --Wharton.
        [1913 Webster]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  BARRATRY, crimes. In old law French barat, baraterie, signifying robbery, 
  deceit, fraud. In modern usage it may be defined as the habitual moving, 
  exciting, and maintaining suits and quarrels, either at law or otherwise. 1 
  Inst. 368; 1 Hawk. 243. 
       2. A man cannot be indicted as a common barrator in respect of any 
  number of false and groundless actions brought in his own right, nor for a 
  single act in right of another; for that would not make him a common 
  barrator. 
       3. Barratry, in this sense, is different from maintenance (q. v.) and 
  champerty. (q. v.) 
       4. An attorney cannot be indicted for this crime, merely for 
  maintaining another in a groundless action. Vide 15 Mass. R. 229 1 Bailey's 
  R. 379; 11 Pick. R. 432; 13 Pick. R. 362; 9 Cowen, R. 587; Bac. Ab. h. t.; 
  Hawk. P. C. B. 1, c. 21; Roll. Ab. 335; Co. Litt. 368; 3 Inst. 175. 
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  BARRATRY, maritime law, crimes. A fraudulent act of the master or mariners, 
  committed contrary to their duty as such, to the prejudice of the owners of 
  the ship. Emer. tom. 1, p. 366; Merlin, Repert. h. t.; Roccus, h. t.; 2 
  Marsh. Insur. 515; 8 East, R. 138, 139. As to what will amount to barratry, 
  see Abbott on Shipp. 167, n. 1; 2 Wash. C. C. R. 61; 9 East, R. 126; 1 Str. 
  581; 2 Ld. Raym. 1349; 1 Term R. 127; 6 Id. 379; 8 Id. 320; 2 Cain. R. 67, 
  222; 3 Cain. R. 1; 1 John. R. 229; 8 John. R. 209, n. 2d edit.; 5 Day. R. 1; 
  11 John. R. 40; 13 John. R, 451; 2 Binn. R. 274; 2 Dall. R. 137; 8 Cran. R. 
  39; 3 Wheat. R. 168; 4 Dall. R. 294; 1 Yeates, 114. 
       2. The act of Congress of April, 30, 1790, s. 8, 1 Story's Laws U. S. 
  84, punishes with death as piracy, "any captain or mariner of any ship or 
  other vessel who shall piratically and feloniously run away with such ship 
  or vessel, or any goods or merchandize to the value of fifty dollars; or 
  yield up such ship or vessel to any pirate or if any such seamen shall lay 
  violent hands upon his commander, thereby to binder or prevent his fighting 
  in defence of his ship, or goods, committed to his trust, or shall make a 
  revolt in the said ship."