champerty

the 'unlawful maintenance of a suit, in consideration of an agreement to have a part of the thing in dispute, or some profit out of it;' and by Chitty as 'a bargain to divide the land (campum partire) or thing in dispute, on condition of his carrying it on at his own expense

A bargain with a plaintiff or defendant campum pa/rtire to divide the land or other matter sued for, between them, if they prevail at law, whereupon the champerter is to carry on the parties' own suit at his own expense. 112 111. 475. A bargain with a plaintiff or defendant, in a suit for a portion of the land or other matter sued for, in case of a successful termination of the suit which the champertor undertakes to carry on at his own expense. 4 Bl. Comm. 435. "The unlawful maintenance of a suit in consideration of part of the debt or other thing in dispute." Hawk. P. C. c. 84, § 1. The gist of the offense consists in the mode of compensation, irrespective of the particular manner in which the suit is to be maintained. 4 Kern. (N. Y.) 289; 1 Hawk. P. C. 455, §§ 5-11. There must be an actual assistance, and not merely an offer to assist. 1 Hempst. 300. On the other hand, it has been held, following the definition of Blackstone, that a promise to pay the expenses or costs is essential. 57 Ga. 263; 13 Ohio, 167. It is ' not essential that there be a suit commenced at the time of making the agreement. 14 Ky. 412. Champerty differs from maintenance chiefly in this, that in champerty the compensation to be given for the service rendered is a part of the matter in suit, or some profit growing out of it (16 Ala. 488; 24 Ala. [N. S.] 472; 9 Mete. [Mass.] 489; 1 Jones,, Eq. [N. C] 100; 5 Johns. Ch. [N. Y.] 44; 4 Litt. [Ky.] 117), while in simple maintenance the question of compensation does not enter into the account (2 Bish. Crim. Law, § 111). See 4 Bl. Comm. 134, note.

champarty. Tlie maintenance of another in his suits upon condition to have part of the thing in dispute, when it is recovered. In the modern sense of the word, champerty is the purcliase of a suit or right of suing, or rather the purchase of an interest in a thing in dispute, with the object of maintaining and taking part in the litigation. It is a species of maintenance, i. e. it is maintenance with an agreement to divide the thing in suit superadded. The rule has been much modified in some of the states, in some of which a purchase of a right of action or of land from a person out of possession is no longer champertous. v. Maintenance.

A bargain made by a stranger with one of the parties to a suit, by which such third person undertakes to carry on the litigation at his own cost and risk, in consideration of receiving, if he wins the suit, a part of the land or other subject sought to be recovered by the action. The purchase of an interest in a thing in dispute, with the object of maintaining and taking part in the litigation. 7 Bing. 378. The act of assisting the plaintiff or defendant in a legal proceeding in which the person giving the assistance has no valuable interest, on an agreement that, if the proceeding is successful, the proceeds shall be divided between the plaintiff or defendant, as the case may be, and the assisting person. Sweet. Champerty is the carrying on a suit in the name of another, but at one's own expense, with the view of receiving as compensation a certain share of the avails of the suit. 4 Duer, 275. The distinction between champerty and maintenance lies in the interest which the interfering party is to have in the issue of the suit. In the former case, he is to receive a share or portion of what may be recovered; in the latter case, he is in no way benefited by the success of the party aided, but simply intermeddles officiously. Thus every champerty includes maintenance, but not every maintenance is champerty. See 2 Inst. 208.

3 A bargain with a plaintiff or defendant, eampum partire, to divide the land or other matter sued for between them, if they prevail: whereupon the champertor is to carry on the party's suit at his own expense... The purchasing of a suit or right of suing.* Champart, in the French law, signifies a similar division of profits, being a part of the crop annually due to the landlord by bargain or custom. * Champertor. One who purchases or promotes another's suit; a person chargeable with champerty. Champertous. Infected with champerty. Champerty is the unlawful maintenance of a suit in consideration of some bargain to have a part of the thing in dispute, or some profit out of it.' A common example is (or was) the case of a contract by an attorney to collect a claim for a percentage.' Also of a champertous character are: purchases of demands involving litigation, of pretended titles, and like claims which cannot be realized upon except by lawsuit.' As between an attorney and his client, it is essential that the attorney prosecute the suit at his own expense. 8, Where the right to compensation is not confined to an i Dterest in the thing recovered, but gives a right of action agamst the party, though pledging the avails of the suit as security tor payment, the agreement is not champertous.^ Some courts have ruled that if the fact that a suit is being prosecuted upon a champertous contract comes to the knowledge of the court in any proper manner, it should refuse longer to entertain the proceeding. Other coiu-ts have held, what seems supported by the better reason, that the fact that there is a champertous contract for the prosecution of a cause of action is no ground of defense thereto, and can only be set up by the client against the attorney when the champertous agreement is sought to be enforced.. The tendency is to relax the common-law doctrine so as to ' Pittsburg, Ft. W., &c. E. Co. v. Hurd, 17 Ohio St. 146-47 (1866). " Whereatt v. Ellis, 65 Wis. 644 (1886). ' Sham'-perty. « 4 Bl. Com. 163. See a Story, Eq. § 1048; 4 Hughes, 683; 10 F. E. 633; 63 Ind. 317; 22 Wend. 405. <■ Stanley v. Jones, 7 Bing. '377 (1831), Tindal, C. J. « See Ackert v. Baker, 131 Mass. 437-^ (1881), cases; Mc Pherson v. Cox, 06 U. S. 404, 416 (1877); Atchison, &c. E. Co. V. Johnson, 29 Kan. 227 (1883), cases. ' 2 Story, Eq. §§ 1048-57. Com'rs, 119 111. 637 (1887). permit greater liberality of contracting between attorney and client than was formerly allowed, for the reason that the condition of society which gave rise to the doctrine has, in a great measure, passed away. In some States the common-law rule is altogether repudiated.^ The English common law and statutes against maintenance and champerty had their origin, if not their necessity, in a different state of society from that which prevails at the present time. When the doctrine was established, lords and other large landholders were accustomed to buy up contested claims against each other, or against commoners with whom they were at variance, in order to harass and oppose those in possession. On: the other hand, commoners, by way of self-defense, thinking that they had title to land, would convey part of their interest to some powerful lord, in order, through his influence, to secure their pretended right. The want of sufficient written conveyances, and records of titles, and the feudal relation of villein and liege lord, afforded facilities for the combinations and oppressions which followed this state of things. The power of the nobles became mighty in corrupting the fountains of justice. To remedy these evils, the law against both maintenance, and champerty was introduced.'^ CHAI^CE. A thing happens by chance to a person which is neither brought about norpre-estimated by his undei-standing.' See Game, 2; Medley.

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.

crimes, is a bargain with a plaintiff or defendant, campum partire, to divide the land or other matter sued for, between them, if they prevail at law, the champertor undertaking to carry on the suit at his own expense. This offence differs from maintenance, in this, that in the latter the person assisting the suitor receives no benefit, while in the former he receives one half of the thing sued for. Punishment fine and imprisonment. 4 Bl. Com. 135. This was an offence in the civil law. Poth. Pand. lib. 3, t. 1. App. n. 1, tom. 3, p. 104.