Maintenance

Aid; support; assistance; the support which one person, who is bound by law to do so, gives to another. See Husband; Pabent and Child. offender has no Interest, to assist one of the parties to it against the other, with money or advice to prosecute or defend the action, without any authority of law.

1 Russ. Cr. 176. See 4 Kent 446; Whart. Cr. L. § 1854.

An unlawful taking in hand or upholding of quarrels or sides to the disturbance or hindrance of common right Hovey v. Hobson, 51 Me. 63. An officious intermeddling in a suit that no way belongs to one, by assisting either party to the disturbing of the community by stirring up suits.

Reece v. Kyle, 49 Ohio St. 475, 31 N. E. 747, 16 L. R. A. 723.

At common law it signifies an unlawful taking In hand or upholding of quarrels, or sides, to the disturbance or hindrance of common right. The maintenance of one side, in consideration of some bargain to have part of the thing in dispute, is called champerty. Champerty, therefore, is a species of maintenance; Richardson v. Rowland, 40 Conn. 570. The intermeddling of a stranger in a suit for the purpose of stirring up strife and continuing the litigation.

2 Pars. Contr., 8th ed. ♦766. See 4 Term 340; 4 Q. B. 883.

But there are many acts in the nature of maintenance which become justifiable from the circumstances under which they are done. They may be justified, first, because the parties have a common interest recognized by the law in the matter at issue in the suit; Bacon, Abr. Maintenance; 11 M. & W. 675; Lathrop v. Bank, 9 Mete. (Mass.) 489 [1895] 1 Q. B. 339; second, because the party is of kindred or affinity, as father, son, or heir apparent, or husband or wife; Thallhimer v. Briukerhoff, 3 Cow. (N. Y.) 623, 15 Am. Dec. 308; Graham v. Mc Reynolds, 90 Tenn. 673, 18 S. W. 272; third, because the relation of landlord and tenant or master and servant subsists between the party to the suit and the person who assists him; fourth, because the money is given out of charity; State v. Chitty, 1 Bail. (S. C.) 401; flfm, because the person assisting the party to the suit is an attorney or counsellor; the assistance to be rendered must, however, be strictly professional, for a lawyer is not more justified in giving his client money than another man; I Russ. Cr. 179; Bacon, Abr. Maintenance; Brooke, Abr.

This offence is punishable criminally by fine and imprisonment; 4 Bla. Com. 124. Maintenance as a criminal matter is practically obsolete; see