KFLCC Kingdom Law 2nd Ed.

121

BARTER

BARONET

Morton, 68 Fed. 791, 15 a C. A. 671; Cowan v. Mueller, 176 Mo. 192, 75 S. W. 606; Wil son 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 T. Moore, 33 N. a 72.

BARONET. An English name or title of dignity, (but not a title of nobility,) estab lished 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 sub division 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 purpose, contrary to their duty to the own ers, 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; Patapsco Ins. Co. v. Coulter, 3 Pet. 231, 7 L. Ed. 659; Lawton v. Insurance Co., 2 Cush. (Mass.) 501; Elarle v. Rowcroft, 8 East, 135. 'Barratry is some fraudulent act of the master or mariners, tending to their own benefit, to the prejudice of the owner of the vessel, without nis privity or consent. Kendrick v. Delafield, 2 Caines (N. Y.) 67. Barratry is a generic term, which includes many acts of various kinds and degrees. It •comprehends any unlawful, fraudulent, or dis honest 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 bar ratry. Greene v. Pacific Mut. Ins. Co., 9 Allen

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 may grow among neigh bors. Co. Litt 368. —Common barretor. One who frequently excites and stirs up groundless suits and quar rels, either at law or otherwise. State v. Chit ty, 1 Bailey, (S. O.) 379; Com. v. Davis, 11 Pick. (Mass.) 432. BARRETRY. In criminal law. The act or offense of a barretor, (q. v.;) usually call ed "common barretry." The offense of fre quently 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. In re Rickert, 66 N. H. 207, 29 Atl. 559, 24 L. R. A. 740. Inner barrister. A serjeant or king's coun sel 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