英文法律词典 B-9

BARGEMEN. Persons who own and keep a barge¹ for the purpose of carrying the goods of all. such other persons who may desire to employ them. They are liable as common, carriers. Story, Bailm. 496.

BARLEYCORN. A lineal measure, containing one-third of an inch. Dane's Ab. c. 211, a. 13, s. 9. The barleycorn was the first measure, with its division and multiples, of all our measures of length, superfices, and capacity. Id. c. 211, a. 1 2, s. 2.

BARN, estates. A building on a farm used to receive the crop, the stabling of animals, and other purposes.

2. The grant or demise² of a barn, without words superadded to extend its meaning, would pass no more than the barn itself, and as much land as would be necessary for its complete enjoyment³. 4 Serg. & Rawle, 342.

BARON⁴. This word has but one signification in American law, namely, hushand: we use baron and feme, for hushand and wife. And in this sense it is going out of use.

2. In England, and perhaps some other countries, baron is a title of honor; it is the first degree of nobility below a viscount. Vide Com. Dig. Baron and Feme; Bac. Ab. Baron and Feme; and the articles. Hushand; Marriage; Wife.

3. In the laws of the middle ages, baron or bers, (baro) signifes a great vassal⁵; lord of a fief and tenant⁶ immediately from the king: and the words baronage, barnage and berner, signify collectively the vassals⁷ composing the court of the king; as Le roi et son barnage, The king and his court. See Spelman's Glossary⁸, verb. Baro.

BARONS⁹ OF EXCHEQUER¹⁰, Eng. law. The name given to the five judges of the Exchequer formerly¹¹ these were baros of the realm, but now they are chosen from persons learned in the law.

BARRACK. By this term, as used in Pennsylvania, is understood an erection of upright posts supporting a sliding roof, usually of thatch¹². 5 Whart. R. 429.

BARRATOR, crimes. One who has been guilty of the offence of barratry.

BARRATRY, crimes. In old law French barat, baraterie, signifying robbery, deceit, fraud. In modern usage it may be defined as the habitual¹³ moving, exciting, and maintaining suits and quarrels, either at law or otherwise. 1 Inst. 368; 1 Hawk¹⁴. 243.

2. A man cannot be indicted¹⁵ 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.