Page:Black's Law Dictionary (Second Edition).djvu/129

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BARONET

{{anchor+|.|BARONET. An English name or title of dignity, am: not a title of nobmty.) estab- lished A. D. 1611 by James I. It is created by letters patent; and descends to the male heir, Spsiman.

{{anchor+|.|BARONY. The dignity of a baron: a species of tenure; the territory or lands held by a bnrbn. Spehuan.

—Be:-any of land. In England. e quantity of land amounting to 15 acres. in ireiand, a sub- di-ision of :1 county.

{{anchor+|.|BARRA, or BARRE. In aid practice.

A pica in bar. The bar or the court A barrlster. BAERATOR. One who is guilty of the

crime of harrutry.

{{anchor+|.|BARRATROUS. Fruudnlent: the character of barrntry.

having

{{anchor+|.|BARRATRY. In maritime law. An act committed by the master or mnriners of e vessel, for some unlawful or fraudulent pair-me. contrary to their duty to the owners, whereby the latter sustain injury. it may include negligence, if so gross as to evidence fraud. lliarcnrdler v. Insurance 02.. b Crunch, 49. 3 L Ed 481; Atkinson v. Insurance C0.. 65 N. Y. 538; At1xll'lSOl] r. insurance Co., 4 Daly (N. Y.) 10; 1'-‘alzxpsco in: Ii‘-i v. Couiter, 3 Pet. 231, 7 [L Ed. (-359; i.v_v'imr v Insurance Co., 2 Cush. (Mass) ml: liirle v. Rnwcroft, 8 East, 135.

llurn ity is some fraudulent nct of the master or In riners, tending to their own benefit, to the pr:-julim nf the nwner of the vessel, without his [um I; or con.-ent. Kendrick v. Deleheid. 2 (‘-~v--- (N. Y.) (57.

h-anatry is a generic term, which includes many arts of various kinds and degrees. It cc-uareh-uds any unlewfui, frauriuient, or dis- huitst net of the muster or mariners, and every violation of duty by them arising from gross and culpnhie negligence contrarv to their dut_V to the owner of the vessel, and which might work loss or injury to him in the course of the rogue in--lred. A mutiny of the crew, and feI-it.'e rhspessession by them of the master and o'b'r uilirers from the ship, is I], form of bar- l"1lr\‘ (:»~ene v. Pacific Mut Ins. Co., 9 Alien Ohm.) 217.

In criminal law. Common barratry is the practice of exciting groundless judicial lll"(l(‘ee(].lIl):s. Pen Code Cal. § 138: Pen. (‘W12 DaL. 8 191: Lucas v. Plco. 55 Cal. 128; (‘am v. llr-Cnlioch, 15 Mass. 229.

Also spelled "Barrctry," which see.

In Scotch law. The crime committed hy a jllnikl‘ who rcccirws a bribe for his judgleul ‘ ; Bunde.

{{anchor+|.|BARRED. Olvstrncted by a hat; subject

, in irii-Pr-in-‘c or obstruction by :1 bar or bar-

rhr awn. It interposed, will prevent legal lmlrvw ur re: awry; us, when it is said that a «min: or cm. - of action is “barred 1:; the scunu or limitations." Knox (_‘ountv v.

¥

121

{{anchor+|.|BA RTER

l\lorton, 68 Fed. 791. 15 C. C. A. 671; Cowan V. Mueller, 176 M0. 192, 75 S. W. 606; Wil- son v. Knox County, 132 Mo. 38?, 34 S. W. 45. 477.

{{anchor+|.|BARREL. A measure or capacity. equal to thiIl:3~SiX gailons.

In agricultural and mercantile pariance, as also in the inspection laws, the term “bnrrel" means, pm‘-ma fucie. 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.

IBARREN MONEY. In the civil law. A debt which bears no interest

{{anchor+|.|BABBENNESS. ity to bear children.

Sterility; the Incapac-

{{anchor+|.|BARRETOR. In criminal law. A com-

mon muter, exciter, or maintainer of suits and quarrels either in courts or elsewhere in the country; a disturixer or the peace who spreads false rumors and caiumnies, whereby discord and disquiet may grow among neigh- bors. Cn_ Litt. 3liS. —Gummon bnrrator. One who frequentiy exc-iLes and stirs up grollndiess suits and querreis. either at law or otherwise. State v. Chitty, 1 Bailey, (5. 0.) 379: Com. v. Davis, 11 Pick (i\Inss.) 4:32.

{{anchor+|.|BARRETRY. In criminal law. The act or ofleuse of a barretor. (q. 1:. ;) usually call- ed “common bnrretry." The oifense of fre- quently exciting and stirring up snits and quarrels, either at law or otherwise. 4 Bi. Comm. 134: 4 Steph. Comm. 262.

{{anchor+|.|BARRIER. In mining law and the nsaze of miners, is a wall of coal left between two mlues.

{{anchor+|.|BARRISTER. In English law. An ad- vocate: unc who has been called to the bar. A counsellor learned in the law who piea-1s at the bar of the courts, and who is engaged in conducting the trial or argument or canses To be distinguished from the attorney, who draws the 1Ile:ulin.{:s, prepares the testimony, and conducts mattcie out of court. In re Rickert, 64‘: N. H. 207, 29 Ati. 559, 2-1 L R. A. 740.

Inner bu-rrlrter. A serjeant or king's counsel who pleads within the hill‘.

ouster barrister. One who pleads "ouster" or without the bar.

Vacation lunrislcr. A counsellor newly calicd to the bar, who is to attend for senerui long \'ilL itinns the exercise of the house, —-Junior barrister. A barrister u rank of queens counsel. Also the two counsel emniovul on the same side in I. case. hiozley & Whitley.

{{anchor+|.|BARTER. A contract by which parties exchange goods or commodities for other 200118. It differs from sale. in this: that in

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