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barratry    
n. 訴訟教唆,船長,船員的損害行為

訴訟教唆,船長,船員的損害行為

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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