maintenance

Aid, support, assistance; the support which one person, who is bound by law to do so, gives to another for his living; for example, a father is bound to find maintenance for his children; and a child is required by law to maintain his father or mother, when they cannot support themselves, and he has ability to maintain them. 1 Bouv. Inst, notes 284-286. -In Criminal Law, A malicious, or, at least, officious, interference in a suit in which the 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. Crimes, 176. See 3 Cow. (N. Y.) 623. The intermeddling of a stranger in a suit for the purpose of stirring up strife and continuing the litigation. 2 Pars. Cont. 266. See 4 Term. R. 340; 6 Bing. 299; 4 Q. B. 883. There must be assistance actually rendered (1 Hempst. [Ark.] 300), though the suit need not be pending (13 Ired. [N. C] 201), and under the modern doctrine, the assistance must be either in giving or hiring legal advice, or the bearing part of the expenses. 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 party has an interest in the thing in variance, as when he has a bare contingency in the lands in question, which possibly may never come in esse (Bac. Abr. "Maintenance." And see 11 Mees. & W. 675; 9 Mete. [Mass.] 489; 13 Mete. [Mass.] 262; 1 Me. 292; 6 Me. 361; 11 Me. Ill); second, because the party is of kindred or afiinitjr, as father, son, or heir apparent, or husband or wife (3 Cow. [N. Y.] 623); 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 (1 Bailey [S. C] 401); fifth, 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 (1 Russ. Crimes, 179; Bac. Abr. "Maintenance;" Broke, Abr. "Maintenance"). See "Champerty."

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

Sustenance; support; assistance. The furnishing by one person to another, for his support, of the means of living or food, clothing, shelter, etc., particularly where the legal relation of the parties is such that one is bound to support the other, as between father and child or husband and wife. Wall v. Williams, 93 N. C. 330, 53 Am. Rep. 458; Winthrop Co. v. Clinton, 196 Pa. 472, 46 Atl. 435, 79 Am. St Rep. 729; Regina v. Gravesend, 5 El. & Bi. 466; State v. Beatty, 61 Iowa, 307, 16 N. W. 149; In re Warren Insane Hospital, 3 Pa. Dist. R. 223.

In criminal law. An unauthorized and officious interference in a suit in which the offender has ho interest, to assist one of the parties to it, against the other, with money or advice to prosecute or defend the action. 1 Russ. Crimes, 254. Maintenance, in general, signifies an uniawful taking in hand or upholding of quarrels and sides, to the hindrance of common right. Co. Litt. 3686; Hawk. P. C. 393. Mnintenance is the assisting another person in a lawsuit, without having any concern in the subject. Wickham v. Conklin, 8 Johns. (N. Y.) 220. Maintenance is where one officiously intermeddles in a suit which in no way belongs to him. The term does not include all kinds of aid in the prosecution or defense of another's cause. It does uot 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 uniawful. 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. McLane, 3 Har. (Del.) 208. "Maintenance," at common law, signifies an uniawful taking in hand or upholding of quarrels or sides, to the disturbance or hindrance Of common right The maintaining 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 Co.nn. 570. And see also, Gilman v. Jones, 87 Ala. 691, 5 South. 785, 4 L. R. A. 113; Brown v. Beauchamp, 5 T. B. Mon. (Ky.) 413, 17 Am. Den. 81; Gowen v. Nowell, 1 Me. 292; Vaughan v. Marabie, 64 Ala. 66; Thurston v. Percivah 1 Pick. (Mass.) 415; Hovey v. Hobson, 5l, Me. 62; Quigley v. Thompson, 53 Ind. 32O. general, and next below a lieutenant general, and who usually commands a division or an army corps.

I. fr. and eng. Preservation; continuance, support An officious intermeddling in a suit that no way belongs to one, by maintaining or assisting either party with money, or otherwise, to prosecute or defend it Provision for the sustenance of a person, as a wife, widow, parent or child.

Sustenance; support; assistance. The furnishing by one person to another, for his support, of the means of living, or food, clothing, shelter, etc., particularly where the legal relation of the parties is such that one is bound to support the other, as between father and child, or husband and wife.

In criminal law. An unauthorized and officious interference in a suit in which the 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. 1 Russ. Crimes, 254. Maintenance, in general, signifies an unlawful taking in hand or upholding of quarrels and sides, to the hindrance of common right. Co. Litt. 368; Hawk. P. C. 298. The intermeddling of a stranger in a suit, for the purpose of stirring up strife and continuing litigation. 35 Vt. 69. Maintenance is the assisting another person in a lawsuit, without having any concern in the subject. 8 Johns. 220. Maintenance is where one officiously intermeddles in a suit which in no way belongs to him. The term does not include all kinds of aid in the prosecution or defense 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. 3 Har. (Del.) 208. "Maintenance," at common law, signifies an unlawful taking in hand or upholding of quarrels or sides, to the disturbance or hindrance of common right. The maintaining 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. 40 Conn. 570.

Officious intermeddling in another's suit; aiding a party with money or otherwise, v. Champerty. Maintenant,/r. Now; presently. Maintes fois,/r. Many times. Mais.yr. But. More. Maisne: younger.

crimes, is a malicious, or at least, officious interference in a suit in which the offender has no interest, to assist one of the parties to it against the other, with money or advice to prosecute or defend an action, without any authority of law. This offence is punishable by fine and imprisonment. 4 Bl. Com. 124; 2 Swift’s Dig. 328; 1 Bac. Ab. 508.