Blacks Law Dict. 1st ed

BASE ESTATE

122

BARON 5T

baron; 1 * answering to the justices and chief justice of other courts. 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 of the court. A bar rister. 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 pur pose, contrary to their duty to the owners, wheieby the latter sustain injury. It may include negligence, if so gross as to evidence fraud. 8 Cranch, 49; 2 Cush. 511; 3 Pet. 230. Barratry is some fraudulent act of the master or mariners, tending to their own benefit, to the prej udice of the owner of the vessel, without his priv ity or consent. 2 Caines, 67. Barratry is a generic term, which includes many acts of various kinds and degrees. It compre hends any unlawful, fraudulent, or dishonest act 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. 9 Allen, 217. In criminal law. Common barratry is the practice of exciting groundless judicial proceedings. Pen. Code Cal. § 158; Pen. Code Dak. § 191. Also spelled "Barretry," which see. In Scotch law. The crime committed by a judge who receives a bribe for his judg ment. Skene; Brande. 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. 11 Ired. 72. BARREN MONEY. In the civil law. A debt which bears no interest. BARRENNESS. Sterility; the incapac ity to bear children.

BARRETOR. In criminal law. A com mon mover, exciter, or maintainer of suits and quarrels either in courts or elsewhere in the country; a disturber of the peace who spreads false rumors and calumnies, whereby discord and disquiet maygiow among neigh bors. Co. Litt. 368. 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 ad vocate; 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 of causes. To be distinguished from the attorney, who draws the pleadings, prepares the testimony, and conducts matters out of court. 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. BARTER. A contract by which parties exchange goods or commodities for other goods. It differs from sale, in this: that in the latter transaction goods or property are always exchanged for money. This term is not applied to contracts con cerning land, but to such only as relate to goods and chattels. Barter is a contract by which the parties exchange goods. 4 Biss. 123. BARTON. In old English law. The de mesne land of a manor; a farm distinct from the mansion. BAS CHEVALIERS. In old English law. Low, or inferior knights, by tenure of a base military fee, as distinguished from barons and bannerets, who were the chief or superior knights. Cowell. BAS VILLE. In French law. The sub urbs of a town. BASE COURT. In English law. Any inferior court that is not of record, as a court baron, etc. Kitch. 95, 96; Cowell. BASE ESTATE. The estate which "base tenants" (q. v.) have in their land. Cowell.

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