State v. Chitty
Court of Appeals of North Carolina
Tried before Mr. Justice Bay, at Charleston, October Term, 1829. The indictment charged the defendant, who was a justice of the peace, and one of the quorum for' Charleston District, with being a common barretor; and alleged, in general terms, that “ divers quarrels, strifes, suits, and controversies, among the honest and-quiet citizens of this State,” he, the said defendant “ did move, procure, stir up, and excite, to the evil example, fee.”
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Tried before Mr. Justice Bay, at Charleston, October Term, 1829. The indictment charged the defendant, who was a justice of the peace, and one of the quorum for' Charleston District, with being a common barretor; and alleged, in general terms, that “ divers quarrels, strifes, suits, and controversies, among the honest and-quiet citizens of this State,” he, the said defendant “ did move, procure, stir up, and excite, to the evil example, fee.” The defendant pleaded not guilty. Conformably to practice in relation to general indictments, the defendant nos served with a notice in writing, of the…
1Opinion of the CourtJohnson, J.
Lord Coke defines a barretor to be, “ a common mover and exciter, or maiutainer, of suits, quarrels, or parts, either in Courts, or elsewhere in the country. In Courts, as in Courts of record, or not of record, as in the county, hundred, or other inferior Courts. In the country, in three manners : first, in the disturbance of the peace : second, in taking and keeping possession of lands in controversy, not only by force, but also by subtilty and deceit, and most commonly by suppression of truth and right: thirdly, by false inventions, and sowing of ca-lumniations, rumors, and reports, whereby…
2Cited by5 opinions
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