英文法律词典 B-10

BARRATRY, maritime¹ law, crimes. A fraudulent act of the master or mariners³, 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 Marsh⁴. 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 piracy⁵, "any captain or mariner² of any ship or other vessel⁶ 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 seamen⁷ shall lay violent hands upon his commander, thereby⁸ to binder⁹ or prevent his fighting in defence of his ship, or goods, committed to his trust, or shall make a revolt in the said ship."

BARREL. A measure of capacity, equal to tliirty-six gallons.

BARREN MONEY, civil law. This term is used to denote money which bears no interest.

BARRENNESS. The incapacity to produce a child. This, when arising from impotence, is a cause for dissolving a marriage. 1 Fodere, Med. Leg. §254.

BARRISTER, English law. A counsellor admitted to plead at the bar.

2. Ouster barrister, is one who pleads ouster or without the bar.

3. Inner barrister, a serjeant or king's counsel who pleads within the bar.

4. Vacation barrister, a counsellor newly called to the bar, who is to attend for several long vacations the exercise of the house.

5. Barristers are called apprentices¹¹, apprentitii ad legem, being looked upon as learners, and not qualified¹² until they obtain the degree of serjeant. Edmund Plowden, the author of the Commentaries, a volume of elaborate reports in the reigns¹³ of Edward VI., Mary, Philip and Mary, and Elizabeth, describes himself as an apprentice¹⁰ of the common law.

BARTER¹⁴. A contract by which the parties exchange goods for goods. To complete the contract the goods must be delivered, for without a delivery, the right of property is not changed.

2. This contract differs from a sale in this, that barter is always of goods for goods, whereas a sale is an exchange of goods for money. In the former there never is a price fixed¹⁵, in the latter a price is indispensable. All the differences which may be pointed¹⁶ out betwen these two contracts, are comprised in this; it is its necessary consequence. When the contract is an exchange of goods on one side, and on the other side the consideration is partly goods and partly money, the contract is not a barter, but a sale. See Price; Sale.

3. If an insurance be made upon returns from a country where trade is carried on by barter, the valuation of the goods in return shall be made on the cost of those given in barter, adding all charges. Wesk. on Ins. 42. See 3 Camp. 351 Cowp. 818; 1 Dougl. 24, n.; 1 N. R. 151 Tropl. de l'Echange.