Champerty

Champarty. [L. Fr. champert; L. Lat. campers, cambipartia, qq. v.] In criminal law. The maintenance of any man in his suit, upon condition to have part of (partire) the thing in dispute, when it is recovered, {or pro parte rei qua! est in pladto ha Jbenda^ whether it be land {campus,) or any thing out of land, or goods, or a debt, or any other thing in plea or suit.

Cowell, Blount, Beg, Orig. 183. F,j Nr, B, 172. Stat. Westm. 1, c. 25. Co, Utt. 368 b.

2 Jr^t, 208.— The unlawful maintenance of a suit, in consideration of some bargain to have part of the thing in dispute, or some profit out of it. Hawk, P, C b.

1, c. §4. Shaw, C. J., 1 Pick, B.416, 7 Port, {Ala,) B,iSS, U,8,Dig, Champerty and Maintenance, I.

A species of maintenance

being a bargain with a plamtiff or defendant campum partire, to divide the land, or other matter sued for, between them, if they prevail at law; whereupon the champertor is to carry on the party's suit at his own expense.

4 BL Com, 135.

In the modem sense of the word, champerty signifies the purchasing of a suit or right of suing. Id. ibid. Or rather the purchase of an interest in a thing in dispute, with the object of maintaining and taking part in the litigation.'

Tindall, C. J., 1 26 Bing. 360. tollhouse.

The purchase of land, pending a suit concerning it, is champerty.

4 £^t*s Com, 449.

See 2 Story's Eq. Jur. §§ 1048—1054, and notes. The distinction betwen mainte Tiance and champerty seems to be this; where there is no agreement to divide the thing in suit, the party intermeddling is guilty of maintenance only, but where he stipulates to receive part of the thing in suit, he is guilty of champerty.

4 Chitty's BL Com, 135, note.

Hence the rule of Lord Coke, that every champerty is maintenance, but every maintenance is not champerty.

2 Inst. 208.

See Maintenance. See the English authorities on this subject, cited in 4 Steph, Com. 2 64, note (/). For the American law of champerty, see 4 Kent's Com. 449, and note. U, S. Dig, d SuppL Champerty and Maintenance.

U. S. Ann. Dig. 1847, 1848, h. t. 2 JV, Y. Bev. SL [288, §§ 71—74.] 216, §§ 72—75. Id, [691,] 576, §§ 5—7. Lewis' U. S. Crim. Law, 493—498.