BARRATRY (O. Fr. bareter, barater, to barter or cheat)
This article appears in Volume V03, Page 432 of the Encyclopedia Britannica.
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Encyclopedia Britannica - Main :: BAR-BEC
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BARRATRY (O. Fr. bareter, barater, to barter or cheat) , in English criminal law, the offence (more usually called common barratry ) of constantly inciting and stirring up quarrels in disturbance of the peace, either in courts or elsewhere. It is an offence both at common law and by statute , and is punishable by fine and imprisonment. By a statute of 1726, if the person guilty of common barratry belonged to the profession of the law, he was disabled from practising in the future. It is a cumulative offence, and it is necessary to prove at least three commissions of the act. For nearly two centuries there had been no record of an indictment having been preferred for this offence, but in 1889 a case occurred at the Guildford summer assizes, R. v. Bellgrove (The Times, 8th July 1889). As, however, the defendant was convicted of another offence, the charge was not proceeded upon. (See Pollock and Maitland, History of English Law; Russell, Crimes and Misdemeanours; Stephen, Criminal Law.)
In marine insurance barratry is any kind of fraud committed upon the owner or insurers of a ship by a master with the intention of benefiting himself at their expense. Continental jurists give a wider meaning to barratry, as meaning any wilful act by the master or crew See Also: - CREW (sometimes explained as a sea
term of Scandinavian origin, cf. O. Icel. kris, a swarm or crowd, but now regarded as a shortened form of accrue, accrewe, used in the 16th century in the sense of a reinforcement, O. Fr. acreue, from accrofire, to grow, - CREW, NATHANIEL CREW, 3RD BARON (1633–1721)
, by whatever motive induced, whereby the owners or charterers are damnified. In bills of lading it is usual to except it from the shipowners' liability (see AFFREIGHTMENT ).
In Scotland See Also: - SCOTLAND
- SCOTLAND,
CHURCH See Also: - CHURCH
- CHURCH (according to most authorities derived from the Gr. Kvpcaxov [&wµa], " the Lord's [house]," and common to many Teutonic, Slavonic and other languages under various forms—Scottish kirk, Ger. Kirche, Swed. kirka, Dan. kirke, Russ. tserkov, Buig. cerk
- CHURCH, FREDERICK EDWIN (1826-1900)
- CHURCH, GEORGE EARL (1835–1910)
- CHURCH, RICHARD WILLIAM (1815–189o)
- CHURCH, SIR RICHARD (1784–1873)
OF - SCOTLAND, EPISCOPAL
CHURCH See Also: - CHURCH
- CHURCH (according to most authorities derived from the Gr. Kvpcaxov [&wµa], " the Lord's [house]," and common to many Teutonic, Slavonic and other languages under various forms—Scottish kirk, Ger. Kirche, Swed. kirka, Dan. kirke, Russ. tserkov, Buig. cerk
- CHURCH, FREDERICK EDWIN (1826-1900)
- CHURCH, GEORGE EARL (1835–1910)
- CHURCH, RICHARD WILLIAM (1815–189o)
- CHURCH, SIR RICHARD (1784–1873)
OF , barratry is the crime committed by a judge who. is induced by bribery to pronounce judgment.
End of Article: BARRATRY (O. Fr. bareter, barater, to barter or cheat)
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