Barratry

! i. in maritime law, an act committed by the master or mariners of a ship, for some unlawful or fraudulent purpose, contrary to their duty to the owners, whereby the latter sustain injury.^ Consists in willful acts of the master or mariners, done for some unlawful or fraudulent purpose, contrary to their duty to the owners of the vessel. ^ The act must not be accidental, nor caused by negligence — unless tbat is so gross as to amount to evidence of fraud. The intention need not be to promote one's own benefit. Any willful act of known criminality, or of malversation, operating to the prejudice of the owner, is barratry.' All definitions agree that fraud is a constituent part of the act.* 3. lu criminal law, common barratry is the offense of frequently exciting and stirring up suits and quarrels, either at law or otherwise.5 The proof must show at least three instances of offending." " A common barrator is a common mover or stirrer up or maintainer of suits, quarrels, or parties, either in courts or in the country; in the country in three manners: in disturbance of the peace; in taking or detaining of the possession of houses, lands, or goods, etc., which are in question or controversy, not only by force, but also by subtlety and deceit, and for the most part in suppression of truth and right; by false invention, and sowing of calumny, rumors, and reports, whereby discord and disquiet arise between neighbors." ^ We have here strife and contention, and deceit or fraud, growing out of the compound origin and synonymous uses of the word. In the sense of " strife and contention," the word was used in connection with policies of insurance as late as the middle of the last century."