Barratry

Barratry is a peculiar and distinct risk, for which insurers are made responsible by express stipulation only.

In maritime law. An act committed by the master or mariners of a vessel, for some unlawful or fraudulent purpose, contrary to their duty to the owners, whereby the latter sustain Injury. It may include negligence, if so gross as to evidence fraud. Marcardier v. Insurance Co., 8 Cranch, 49, 3 L. Ed. 481; Atkinson v. Insurance Co., 65 N. Y. 538; Atkinson v. Insurance Co , 4 Daly (N. Y.) 16; Patapsco Ins. Co. v. Coulter, 3 Pet. 231, 7 L. Ed. 659; Lawton v. Insurance Co., 2 Cush. (Mass.) 501; Earle v. Rowcroft, 8 East, 135. Barratry is some fraudulent act of the master or mariners, tending to their own banefit, to the prejudice of the owner of the vessel, without his privity or consent. Kendrick v. Delafield, 2 Caines (N. Y.) 67. Barratry is a generic term, which includes many acts of various kinds and degrees. It comprehends any unlawful, fraudulent, or dishonest act of the master or mariners, and every violation of duty by them arising from gross and culpable negligence contrary to their duty to the owner of the vessel, and which might work loss or injury to him in the course of the voyage insured. A mutiny of the crew, and forcible dispossession by them of the master and other officers from the ship, is' a form of barratry. Greene v. Pacific Mut. Ins. Co.., 9 Allen (Mass.) 217.

In criminal law. Common barratry is the piactice of exciting groundless judicial proceedings. Pen. Code Cal. § 158; Pen. Co.de Dak. § 191; Lucas v. Pico, 55 Cal. 128; Com. v. McCulloch, 15 Mass. 229. Also spelled "Barretry," which see.

In Scotch law. The crime committed by a judge who receives a bribe for hls judgment. Skene; Brande.

Fraudulent, criminally negligent or wilfully injurious conduct on the part of the master or crew of a vessel, to the injury of the owner of the ship or cargo, and without his consent. bribe

In maritime law. An act committed by the master or mariners of a vessel, for some unlawful or fraudulent purpose, contrary to their duty to the owners, whereby the latter sustain injury. It may include negligence, if so gross as to evidence fraud. 8 Cranch, 49; 2 Cush. 511; 3 Pet. 230. Barratry is some fraudulent act of the master or mariners, tending to their own benefit, to the prejudice of the owner of the vessel, without his privity or consent. 2 Caines, 67. Barratry is a generic term, which includes many acts of various kinds and degrees. It comprehends any unlawful, fraudulent, or dishonest act of the master or mariners, and every violation of duty by them arising from gross and culpable negligenca eontrary to their duty to the owner of the vessel, and which might work loss or injury to him in the course of the voyage insured. A mutiny of the crew, and forcible dispossession by them of the master and other officers from the ship, is a form of barratry. 9 Allen, 217.

In criminal law. Common barratry is the practice of exciting groundless judicial proceedings. Pen. Code Cal. § 158; Pen. Code Dak. § 191. Also spelled “Barretry,” which see. In Seotch law. ‘The crime committed by a judge who receives a bribe for his judgment. Skene; Brande.

! 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."

Fraudulent, negligent, or wilfully injurious conduct on the part of the master and crew of a ship, to the damage, and without the knowledge of, the owner.

\L.Lsit.barataria; from Ital. barratria, or tr. barat, deceit, fraud.] In marine insurance. Fraudulent conduct on the part of the master of a vessel, in his character of master, or of the mariners, to the injury of the owner of the ship or cargo, and without his consent; including every breach of trust committed with dishonest views. 3 Kent's Com. 305. An act committed by the master or mariners of a ship» for some unlawful or fraudulent purpose, contrary to their duty to their ownere. whereby the latter sustain an injury. Story, J., 8 Cranch R, 39.

In a larger sense, barratry comprehends negligence as well as wilful mbconduct, and in this sense it is used by the French writers. Pardes Mus Cours de Droit Com. tome iii. n. 112, 3 Kent*8 Com. 305. In some recent American cases, the courts seem to be approximating to this meaning. Id. 300, note. The term barratry is supposed by some to be derived from the Italian law, in which barratria has the sense of fraud committed in contracts and sales. Dufresne. Lord EUenborough, 8 j Sast, 126. Others have derived it from the Spanish barateria, which has a similar meaning. Johnson, J., 3 Peters' R. 222—230. From whatever source it may have been introduced, there is httle doubt that radically it imports fraudj and hence it is generally agreed in English and American law the Xfrtrnd must be a constituent of the act of barratry. 12 Johns. R. 128. 14 Mass. R. 1, Johnson, J., t<6. «u/7. Abbott on Skip \^Z. But the word fraud, as used in defining this act, is itself not always understood in its stricter sense, as implying a dishonest or injurious intention. Hence acts done by the master of a vessel, even with the view of promoting the owner's interest, may nevertheless, in certain cases, amount to barratry. Accordingly, under the denomination of barratry are properly included not only the grosser acts or crimes^ of destroying or running away with a vessel or cargo, and stealing the cargo by the mariners, but also acts inconsistent with the owner's instructions, or not consonant to the laws of the land: such as sailing out of port without paying port duties, disregard of an embargo, breach of blockade, smuggling, cruising under a letter of marque against the owner's instructions and intentions, and deviation from the voyage in some cases. See Abbott on Ship. (Perkms' ed. 1846), 183, and note, ibid. The English and American cases a^e not altogether in harmony on this subject, the cause of which has been well explained by Johnson, J., in the opinion already referred to.

maratime law, crimes, is a fraudulent act of the master or mariners, committed contrary to their duty as such, to the aa of the owners of the ship. Fe mer. tom. 1, p. 366; Merlin, Répert, h. t.; Roccus, h. t.; 2 Marsh. Insur. 515; as to what will amount to barratry, see Abbott on Shipp. 167, n.(1); 9 East, R. 126; 1 Str. R. 581; 2 Ld. Raym. 1349; 1 Term R. 127; 6 Id. 379; 8 Id. 230; 2 Cain. R. 67, 222; 3 Cain. John. R. 40; 13 John. R. 451; 2 Binn. R. 274; 2 Dall. R. 137; 8 Cran. R. 39; 3 Wheat. R. 168; 4 Dall. R. 294; 1 Yeates, 114. The act of Congress of 30th April, 1790, s. 8, 1 Story’s Laws U. S. 84, 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 seaman shall lay violent hands upon his commander, thereby to hinder or prevent his fighting in defence of his ship, or goods, committed to his trust, or shall make a revolt in the said ship.”