BARRATRY - The practice of instituting
groundless judicial proceedings - a crime in a number
of jurisdictions.
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.
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.
Barratry, in this sense, is different from maintenance
and champerty.
An attorney cannot be indicted for this crime merely
for maintaining another in a groundless action.
BARRATOR - One who has been guilty
of the offence of barratry. 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.
The act of Congress of April 30, 1790, s.8, 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.'
