BARONET. An English name or title of dignity, (but not a title of nobility,) established A. D. 1611 by James I. It is created by letters patent; and descends to the male heir. Spelman.
BARONY. The dignity of a baron; a species of tenure; the territory or lands held by a baron. Spelman.
—Barony of land. In England, a quantity of land amounting to 15 acres. In Ireland, a subdivision of a county.
BARRA, or BARRE. In old practice. A plea in bar. The bar or the court. A barrister.
BARRATOR. One who is guilty of the crime of barratry.
BARRATROUS. Fraudulent; having the character of barratry.
BARRATRY. 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; Patapseo 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 benefit, to the prejudice the owner of the vessel, without his privity or consent. Kendrick v. Delefield, 2 Caines (N. Y.) 67.
Barratry is a generic term, which includes many arts of various kinds and degrees. It comprehends any unlawful, fraudulent, or dishonest net 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 practice of exciting groundless judicial proceedings. Pen. Code Cal. § 158; Pen. Code 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 his judgment. Skene; Brande.
BARRED. Obstructed by a bar; subject to hindrance or obstruction by a bar or barrier which, if interposed, will prevent legal redress or recovery; thus, when it is said that a claim or cause of action is "barred by the statute of limitations." Knox County v. Morton, 68 Fed. 791, 15 C. C. A. 671; Cowan v. Mueller, 176 Mo. 192, 75 S. W. 606; Wilson v. Knox County, 132 Mo. 387, 34 S. W. 45, 477.
BARREL. A measure of capacity, equal to thirty-six gallons.
In agricultural and mercantile parlance, as also in the inspection laws, the term "barrel" means, prima facie, not merely a certain quantity, but, further, a certain state of the article; namely, that it is in a cask. State v. Moore, 33 N. C. 72.
BARREN MONEY. In the civil law. A debt which bears no interest.
BARRENNESS. Sterility; the incapacity to bear children.
BARRETOR. In criminal law. A common mover, exciter, or maintainer of suits and quarrels either in courts or elsewhere in the country; a disturber or the peace who spreads false rumors and calumnies, whereby discord and disquiet may grow among neighbors. Co. Litt. 368.
—Common barretor. One who frequently excites and stirs up groundless suits and quarrels, either at law or otherwise. State v. Chitty, 1 Bailey, (S. C.) 379; Com. v. Davis, 11 Pick. (Mass.) 432.
BARRETRY. In criminal law. The act or offense of a barretor, (q. v.;) usually called "common barretry." The offense of frequently exciting and stirring up suits and quarrels, either at law or otherwise. 4 Bl. Comm. 134; 4 Steph. Comm. 262.
BARRIER. In mining law and the usage of miners, is a wall of coal left between two mines.
BARRISTER. In English law. An advocate; one who has been called to the bar. A counsellor learned in the law who pleads at the bar of the courts, and who is engaged in conducting the trial or argument or causes. To be distinguished from the attorney, who draws the pleadings, prepares the testimony, and conducts matters out of court. In re Rickert, 66 N. H. 207, 29 Atl. 559, 24 L. R. A. 740.
Inner barrister. A serjeant or king's counsel who pleads within the bar.
Ouster barrister. One who pleads "ouster" or without the bar.
Vacation barrister. A counsellor newly called to the bar, who is to attend for several long vacations the exercise of the house.
—Junior barrister. A barrister under the rank of queen's counsel. Also the junior of two counsel employed on the same side in a case. Mozley & Whitley.
BARTER. A contract by which parties exchange goods or commodities for other goods. It differs from sale, in this: that in
