BARRATRY (Fr. bard, baraterie, rob bery, deceit, fraud).
In Criminal Law. The offence of fre quently exciting and stirring up quarrels and suits, either at law or otherwise. 4 Black stone, Comm. 134; Coke, Litt. 368.
An indictment for this offence must charge the offender with being a common barrator, 1 Sid. 282; Train & H. Prec. 55; and the proof must show at least three instances of offending. 15 Mass. 227; 1 Cush. Mass. 2, 3; 1 Bail. So. C. 379.
An attorney is not liable to indictment for maintaining another in a groundless action. 1 Bail. So. C. 379. See 1 Bishop, Crim. Law, 00 401, 645, 646 ; 2 id. fl 57-61 ; Bacon, Abr.; 8 Coke, 36 h ; 9 Cow. N. Y. 587 ; 15 Mass. 229 ; 11 Pick. Mass. 432; 13 id. 362; 1 Bail. So. C. 379.
In Maritime Law and Insurance. An unlawful or fraudulent act, or very gross and culpable negligence, of the master or mariners of a vessel in violation of their duty as such, and directly prejudicial to the owner, and without his consent. 1 Phillips, Ins. c. xiii.;
Roccus, h. t. ; Abbott, Ship. 167, n. ; 2 Strange, 581; 2 Ld. Raym. 349; 1 Term, 252; 6 id. 379 ; 8 id. 320 ; 2 Caines, N. Y. 67, 222; 3 id. 1; 1 Johns. N. Y. 229 ; 11 id. 40; 13 id. 451; 2 Binn. Penn. 274; 8 Cranch, 139; 5 Day, Conn. 1; 3 Wheat. 163 ; 4 Dall. 294; 2 Maule & S. 172; Cowp. 143 ; 8 East, 126; 5 Barnew. & AId. 597 ; 1 Campb. 434. The grossest barratries, as piratically or feloni ously seizing or running away with the ves sel or cargo, or voluntarily delivering the vessel into the hands of pirates, or mutiny, are capital offences by the laws of the United States. Act of Congress, April 30, 1790, 1; Story's Laws U. S. 84. Barratry is one of the risks usually insured apinst in marine insurance. See INSURABLE INTEREST.