Barrator

One who commits barratry. BARRATRY (Fr. barat, baraterie, robbery, deceit, fraud).

Sometimes written Barretry

The offence of frequently exciting and siir- •ring up quarrels and suits, either at law or otherwise.

4 Bla. Com. 134; Co. Litt, 3GS. See 1 Cowp. 154, by Lord Mansfield.

An indictment for this offence must charge the offender with being a common barrator; 1 Sid. 2S2; Train & H. Prec. 55; and the proof must show at least three instances of offending; Com. v. Mc Culloch, 15 Mass. 227; State v. Simpson, 1 Bail. (S. C.) 379; Com. v. Mohn, 52 Pa. 243, 91 Am. Dec. 1.",:;; Lticas v. Pico, 55 Cal. 126; Yoorhees v. Dorr, 51 Barb. (N. Y.) 5S0. An attorney is not liable to indictment for maintaining another in a groundli tion; state v. Simpson, I Bail. (S. C.) 379.

See 2 Bish. Cr. Law S 63; 2 hi. g 57; Lambert v. People. 9 Cow. (N. Y.) 587; Com. v. Mc Culloch, 1") Mas-.

229; State v. Simpson, 1 Bail. (S. C.):'.7;>: -2 Saund. 308 and note. The purchase of a single claim, with the intention of suing upon it. does not amount to barratry; to constitute the offence there must be a practice of fomenting suits; Chase's 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; Roccus, h. t; Abbott, Ship. 167, n.; 2 Ld. Raym. 349; Kendrick v. Delafield, 2 Caines (N. Y.) 67; Suckley v. Delafield, id.

222; Mclntire v. Bowne, 1 Johns. (X. Y.) 229; Grim v. Ins. Co., 13 id. 451; Brown v. U. S., 8 Cra. (U. S.) 139, 3 L. Ed. 504; Greene v. Ins. Co., 9 Allen (Mass.) 217; Brown v. Ins. Co., 5 Day (Conn.) 1, 5 Am. Dec. 123; Hughes v. Ins. Co., 3 Wheat (TJ. S.) 1G3, 4 L. Ed. 357; Crousillat v. Ball, 4 Dall. (Pa.) 294, 1 L. Ed. 840, 2 Am. Dec. 375; 5 B. & Aid. 597; Lawton v. Ins. Co., 2 Cush. (Mass.) 511; Patapsco Ins. Co. v. Coulter, 3 Pet. (U. S.) 230, 7 L. Ed. 659.

It is said that the term implies an intentional injury; it does not embrace cases of negligence; Atkinson v. Ins. Co., 4 Daly (N. Y.) 1. A part owner of a ship who is its master may be guilty of barratry towards his coowners; Hutcbins v. Ford, S2 Me. 363, 19 Atl. 832; Voisin v. Ins. Co., 62 Hun 4, 16 N. Y. Supp. 410.

— It extends, in addition to grosser cases of barratry, to the following: — sailing out of a port without paying port dues, whereby the cargo is forfeited; 6 Term 379; disregarding an embargo; 1 Term 127;

— or a blockade; 6 Taunt 375; and when a master was directed to make purchases, and went into an enemy's settlement to trade (though it could be done there to better advantage), whereby the ship was seized, it was held barratry; L. R. 1 Q. B. 162; even though he thought thereby to benefit the owner.

When a master is entitled to use his discretion, his conduct will not constitute barratry, unless he goes against his better judgment; 1 Stark. 240.

See L. R. 3 C. P. 476.

The grossest barratries, as piratically or feloniously seizing or running away with the vessel 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 against in marine insurance; 3 Kent, Lacy's ed.

305, n. 50.

See Insurable Interest.

See Insurable Interest.