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BARRATRY (O. Fr. bareter, barater, to...

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Originally appearing in Volume V03, Page 432 of the 1911 Encyclopedia Britannica.
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BARRATRY (O. Fr. bareter, barater, to See also:barter or cheat)  , in See also:English criminal See also:law, the offence (more usually called See also:common See also:barratry) of constantly inciting and stirring up quarrels in disturbance of the See also:peace, either in courts or elsewhere . It is an offence both at common law and by See also:statute, and is punishable by See also:fine and imprisonment . By a statute of 1726, if the See also: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 See also:act . For nearly two centuries there had been no See also:record of an See also:indictment having been preferred for this offence, but in 1889 a See also:case occurred at the See also:Guildford summer assizes, R. v . Bellgrove (The Times, 8th See also:July 1889) . As, however, the See also:defendant was convicted of another offence, the See also:charge was not proceeded upon . (See See also:Pollock and See also:Maitland, See also:History of English Law; See also:Russell, Crimes and Misdemeanours; See also:Stephen, Criminal Law.) In marine See also:insurance barratry is any See also:kind of See also:fraud committed upon the owner or insurers of a See also:ship by a See also:master with the intention of benefiting himself at their expense . See also:Continental jurists give a wider meaning to barratry, as meaning any wilful act by the master or See also:crew, by whatever See also:motive induced, whereby the owners or charterers are damnified . In bills of See also:lading it is usual to except it from the shipowners' liability (see See also:AFFREIGHTMENT) . In See also:Scotland, barratry is the See also:crime committed by a See also:judge who. is induced by See also:bribery to pronounce See also:judgment .

End of Article: BARRATRY (O. Fr. bareter, barater, to barter or cheat)
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