Mainprise

In English law. The taking a man into friendly custody, who might otherwise be committed to prison, upon security given for his appearance at a time and place assigned. Wood. Inst. bk. 4, c. 4.

meynprise, maynpryse, mainpris, meynpris, I. fr. and eng.

In old English law. The release of a person under arrest into the custody of his friends upon their giving security for his appearance: a writ of mainprise directed to the sheriff ordering him to take mainpernors and set the prisoner at liberty; security for debt

The delivery of a person into the custody of mainpernors, (yg. v.) Also the name of a writ (uow obsolete) commanding the sheriff to take the security of mainpernors and set the party at liberty.

The release of a man arrested, into the custody of his friends, who became bound for his appearance. A •wrrit of mainprise directed to the sheriff ordered him to take mainpernours, and set the prisoner at large.

Taking in hand; taking into custody. The receiving into friendly custody a man who might otherwise be committed or detained in prison, upon security given for his appearance at a time and place specified. The writ commanding the sheriff to take such security and set the man at large was also termed -a, writ of mainprise. It is no longer in use. One of the means of remedying the injury of false imprisonment was by a writ called a writ of mainprise, directed to the sheriff (either generally, when any man was imprisoned for a bailable offence, and bail had been refused; or specially, when the offence or cause of commitment was not properly bailable below), commanding him to take sureties for the prisoner's appearance, usually called mainpernors, and to set him at large. The word mainprise is used in various ways: thus, when a man is committed to those who undertake he shall appear at the appointed day, he is said " to be let to mainprise; " and a man who may be so mainprised or delivered to mainpernors, is said to be mainpernable. Where an offence was not bailable, the justices were frequently, by act of parliament, directed " to commit such offender or offenders to the common jail of the county, there to remain without bail or mainprise." Brown. MAINTAIN; MAINTENANCE. 1.

In their technical meaning, these words, verb and noun, signify the offence of officiously intermeddling with or promoting a lawsuit, done by one who has no concern in it, either as party or attorney. Maintainor: a person chargeable with the offence of maintenance. Maintained is the technical word said to be necessary in an indictment for this offence. For the distinction between champerty and maintenance, see Champerty., Maintenance, in general, signifies an unlawful taking in hand or upholding of quarrels and sides, to the hindrance of Maintenance is the assisting another person in a lawsuit, without having any concern in the subject. Wlckham v. Conk- Un, 8 Johns. 220. The intermeddling of a stranger in a suit, for the purpose of stirring up strife, and continuing litigation. Dorwin v. Smith, 35 Vt. 69. An officious intermeddling in a suit that no way belongs to one, by assisting either party, with money or otherwise, to prosecute or defend it. Andrews v. Thayer, 30 Wis. 228. The purchase of a dormant title to lands from a party not seised, by a stranger out of possession, if made wittingly, to distvu-b the tenant in possession, is maintenance, and is punishable by indictment. Swett v. Poor, 11 Mass. 549; Everenden v. Beaumont, 7 Mass. 76; Wolcot v. Knight, 6 Mass. 418; Brinley v. Whiting, 5 Pick. 359. Maintenance is where one officiously intermeddles in a suit which no way belongs to him. The term does not include all kinds of aid in the prosecution or defence of another's cause; it does not extend to persons having an interest in the thing In controversy, nor to persons of kin or affinity to either party, nor to counsel or attorneys, for their acts are not officious, nor unlawful. The distinction between champerty and maintenance is that maintenance is the promoting, or undertaking to promote, a suit, by one who has no lawful cause to do so; and champerty is an agreement for a division of the thing in controversy, in the event of success, as a reward for the unlawful assistance. Bayard v. Mc Lane, 3 Harr. (Del.) 208. It is not maintenance for a person to promote a suit or defence, in which he has, or believes that he has, a legal interest. Mc Call V. Capehart, 20 Ala. 521. A person interested in a suit may take an assignment of a chose in action, to advance his own interests, without subjecting himself to the charge of maintenance. Blackerby v. Holton, 5 Dana, 520. An action for maintenance will not lie for carrying on, or assisting in the prosecution of, a suit in the name of another, if he has a legal or equitable interest in the land or subject of controversy. Wickham o. Conklin, 8 Johns. 220. Any interest whatever in the subject of the suit is sufficient to exempt him who gives aid to the suitor from the charge of illegal maintenance, whether this interest is great or small, vested or contingent, certain or uncertain. Thallhimer v. Brinckerhoff, 3 Cow. 623, 647. Where there is consanguinity or affinity between the suitor and him who gives aid to the suit, such assistance is not unlawful maintenance. Id. A person who has a community of interest with a co-defendant in a suit to rescind a sale to the latter is not guilty of the rents, hires, and damages that may accrue in the suit, and in assuming a liability for said co-defendant's share of the costs and expenses of the litigation. Thompson V. Marshall, 36 Ala. 504. It is not maintenance for an attorney, after final judgment, to purchase the subject-matter of the litigation. Mc Micken v. Venn, 18 How. 607. Where several tax-payers joined In a bond to defray each one his proportion of the expenses of defending any suit brought against any one of their number for the recovery of a tax which they proposed to resist, or of the cost of any other legal mode of contesting it, this was held not to be maintenance, because the obligors each had an interest in the controversy. Gowen V. Nowell, 1 Me. 265. Advancing money to a poor person, to enable him to maintain a meritorious defence, is not maintenance. Perine v. Dunn, 3 Johns. Ch. 508. It is not maintenance for one or more individuals to contribute sums of money to employ and pay counsel to carry on a criminal prosecution, unless such aid is given through malicious motives. Commonwealth V. Dupuy, Bright. 44. Champerty is the unlawful maintenance of a suit in consideration of a bargain to have a part of the thing in dispute, or some profit out of it; and the promise to pay the expenses or costs seems to be essential to constitute it. Meeks v. Dewberry, 57 Ga. 263. 2. Maintain and maintenance are also used in their vernacular sense of continue, keep up, supply the needs of, support; in deeds, statutes, wills, &c., drawn into construction before the courts. Maintenance in this sense may denote the provision made, either by deed, or by will, or by the order of the court of chancery, for the support, including education, of children during their minorities; of a widow, or wife under separation from her husband; of an aged parent, &c. Thus used, it is equivalent to "support." We have not found maintainor in use in connection with this meaning of " maintain." The power to "maintain" as well as construct a railroad does not imply a power to change the location after it has been constructed. Moorhead v. Little Miami E. R. Co., 17 Ohio, 840. A statute prescribing that partition fences "shall be maintained throughout the year, equally by both parties," is not limited to repairs simply, but applies as well to the rebuilding of a fence destroyed by fire. Rhodes v. Mummery, 48 Ind. 216. to be "charged with the maintenance of the child," includes expenses of the mother's confinement, and even necessaries of food and clothing for the mother during nursing, if destitute, so far as preserving her health and strength is indispensable to the subsistence of the child. Judson v. Blanchard, 4 Cmn. 557.

Engl. law, is the taking a man into friendly custody, who might otherwise be committed signed. Wood’s Inst. B. 4, c. 4; vide Mainpernors; Writ of Muainprise; and15 Vin. Ab. 146; 3 BI. Com. 128.