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BARRETRY

Volume 4 · 267 words · 1842 Edition

in the Law of England, is the offence of frequently exciting and stirring up suits and quarrels between his majesty's subjects, either at law or otherwise. The punishment for this offence in a common person is by fine and imprisonment; but if the offender, as is frequently the case, belongs to the profession of the law, a barrister who is thus able as well as willing to occasion mischief ought for that reason to be disabled from practising for the future. And hence it is enacted by statute 12 Geo. I. c. 29, that if any one who has been convicted of forgery, perjury, subornation of perjury, or common bartery, shall practise as an attorney, solicitor, or agent, in any suit, the court, upon complaint, shall examine it in a summary way, and, if proved, shall direct the offender to be transported for seven years. To this head may also be referred another offence of equal malignity and audacity, that of suing a person in the name of a fictitious plaintiff; in other words, in the name of one who is either not in being at all, or is ignorant of the suit carried on in his name. This offence, if committed in any of the king's superior courts, is left, as a high contempt, to be punished at their discretion; but in courts of a lower degree, where the crime is equally pernicious, although the authority of the judges is not equally extensive, it is directed by statute 8 Elizabeth, c. 2, to be punished by six months' imprisonment, and treble damages to the party injured.