Barratry, COMMON, or Barretry, is the offence of inciting and stirring up suits and quarrels among the queen's subjects. It must be shown that the party accused frequently, or at least on more than one occasion, conducted himself in the way imputed. The term is probably the same as the French baraterie, which Littre derives from a root barat meaning 'fraud.' The punishment for this offence is fine and imprisonment; but if the offender belongs to the profession of the law, he may besides be disabled from practising his profession for the future. And, indeed, it is the existing statute law of England, that if any one who has been convicted of barratry shall practise as an attorney, solicitor, or agent in any suit, he may be kept in penal servitude for not more than seven or less than three years.
Akin to this offence is that of suing another in the name of a fictitious plaintiff. If committed in any of the superior courts, this offence is treated as a high contempt, punishable at discretion, and in inferior courts, by six months' imprisonment, and treble damages to the party injured.
Barratry, in the sense above explained, is not a technical term in the law of Scotland. But in that system there is a word Baratry, which is defined as the crime committed by a judge who is induced by a bribe to pronounce a judgment, or who barters justice for money.
There is also Baratry of Mariners, which signifies—in the law not only of England and Scotland, but also of France and other European states—the fraud or wrongful act of the master or mariners of a ship tending to the prejudice of the owners of the ship or cargo. Such conduct is one of those risks which are usually insured against in marine policies of insurance. See INSURANCE.