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barratry n. 诉讼教唆,船长,船员的损害行为 诉讼教唆,船长,船员的损害行为 barratry n 1: traffic in ecclesiastical offices or preferments [synonym: {simony}, {barratry}] 2: the crime of a judge whose judgment is influenced by bribery 3: (maritime law) a fraudulent breach of duty by the master of a ship that injures the owner of the ship or its cargo; includes every breach of trust such as stealing or sinking or deserting the ship or embezzling the cargo 4: the offense of vexatiously persisting in inciting lawsuits and quarrels Barratry \Bar"ra*try\, n. [Cf. F. baraterie, LL. barataria. See {Barrator}, and cf. {Bartery}.] 1. (Law) The practice of exciting and encouraging lawsuits and quarrels. [Also spelt {barretry}.] --Coke. Blackstone. [1913 Webster] 2. (Mar. Law) A fraudulent breach of duty or willful act of known illegality on the part of a master of a ship, in his character of master, or of the mariners, to the injury of the owner of the ship or cargo, and without his consent. It includes every breach of trust committed with dishonest purpose, as by running away with the ship, sinking or deserting her, etc., or by embezzling the cargo. --Kent. --Park. [1913 Webster] 3. (Scots Law) The crime of a judge who is influenced by bribery in pronouncing judgment. --Wharton. [1913 Webster] BARRATRY, crimes. In old law French barat, baraterie, signifying robbery,
deceit, fraud. In modern usage it may be defined as the habitual moving, exciting, and maintaining suits and quarrels, either at law or otherwise. 1 Inst. 368; 1 Hawk. 243. 2. A man cannot be indicted as a common barrator in respect of any number of false and groundless actions brought in his own right, nor for a single act in right of another; for that would not make him a common barrator. 3. Barratry, in this sense, is different from maintenance (q. v.) and champerty. (q. v.) 4. An attorney cannot be indicted for this crime, merely for maintaining another in a groundless action. Vide 15 Mass. R. 229 1 Bailey's R. 379; 11 Pick. R. 432; 13 Pick. R. 362; 9 Cowen, R. 587; Bac. Ab. h. t.; Hawk. P. C. B. 1, c. 21; Roll. Ab. 335; Co. Litt. 368; 3 Inst. 175. BARRATRY, maritime law, crimes. A fraudulent act of the master or mariners, committed contrary to their duty as such, to the prejudice of the owners of the ship. Emer. tom. 1, p. 366; Merlin, Repert. h. t.; Roccus, h. t.; 2 Marsh. Insur. 515; 8 East, R. 138, 139. As to what will amount to barratry, see Abbott on Shipp. 167, n. 1; 2 Wash. C. C. R. 61; 9 East, R. 126; 1 Str. 581; 2 Ld. Raym. 1349; 1 Term R. 127; 6 Id. 379; 8 Id. 320; 2 Cain. R. 67, 222; 3 Cain. R. 1; 1 John. R. 229; 8 John. R. 209, n. 2d edit.; 5 Day. R. 1; 11 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. 2. The act of Congress of April, 30, 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 seamen shall lay violent hands upon his commander, thereby to binder or prevent his fighting in defence of his ship, or goods, committed to his trust, or shall make a revolt in the said ship."
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