Blacks Law Dict. 1st ed

742

MAIN OUR

MAISTER

places the parishioners paid to the rector in lieu of small tithes. Cowell. MAINOTJR. In criminal law. An arti cle stolen, when found in the hands of the thief. A thief caught with the stolen goods in his possession is said to be taken " with the mainour," that is, with the property in manu, in his hands. 4 Bl. Comm. 307. The word seems to have corresponded with the Saxon "handhabend, " (q. v.) In modern law it has sometimes been written as an English word "manner," and the expression "taken in the man ner" occurs in the books. Crabb, Eng. Law, 154. MAINOVRE, or MAINCEUVRE. A trespass committed by hand. See 7 Rich. II. e. 4. MAINPERNABLE. Capable of being bailed; bailable; admissible to bail on giving surety by mainpernors. MAINPERNOR. In old practice. A surety for the appearance of a person under arrest, who is delivered out of custody into the hands of his bail. "Mainpernors" differ from "bail" in that a man's bail may imprison or surrender him up before the stipulated day of appearance; mainpernors can do neither, but are barely sureties for his appearance at the day. Bail are only sureties that the party be answerable for the special matter for which they stipulate; mainpernors are bound to produce him to answer all charges whatso ever. 3 Bl. Comm. 128. Other distinctions are made in the old books. See Cowell. MAINPRISE. The delivery of a person into the custody of mainpernors, (q. v.) Also the name of a writ (now obsolete) com manding the sheriff to take the security of mainpernors and set the party at liberty. MAINSWORN. Forsworn, by making false oath with hand {main) on book. Used in the north of England. BrownL 4; Hob. 125. MAINTAIN. To maintain an action or suit is to commence or institute it; the term imports the existence of a cause of action. 8 Minn. 105, (Gil. 80, 81.) MAINTAINED. In pleading. A tech nical word indispensable in an indictment for maintenance. 1 Wils. 325. MAINTAINOR. In criminal law. One that maintains or seconds a cause depending In suit between others, either by disbursing TQOney or making friends for either party to wards his help. Blount. One who is guilty of maintenance (q. v.)

MAINTENANCE. Sustenance; sup port; assistance. The furnishing by one per son to another, for his support, of the means of living, or food, clothing, shelter, etc., par ticularly where the legal relation of the par ties is such that one is bound to support the other, as between father and child, or hus band 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. 868b,' Hawk. P. C. 393. The intermeddling of a stranger in a suit, for the purpose of stirring up strife and continuing litiga tion. 85 Vt. 69. Maintenance is the assisting another person in a lawsuit, without having any concern in the sub ject. 8 Johns. 220. Maintenance is where one officiously intermed dles in a suit which in no way belongs to him. The term does not include all kinds of aid in the prose cution 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 distinc tion between "champerty" and "maintenance" is that maintenance is the promoting, or undertak ing 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 assist ance. 3 Har. (Del.) 208. "Maintenance," at common law, signifies an un lawful taking in hand or upholding of quarrels or sides, to the disturbance or hindrance of common right. The maintaining of one side, in considera tion of some bargain to have part of the thing in dispute, is called " champerty." Champerty, there fore, is a species of maintenance. 40 Conn. 570. MAIOR. An old form of "mayor." MAIB.E. In old Scotch law. An officer to whom process was directed. Otherwise called "mair of fie," (fee,) and classed with the "serjand." Skene. MAIHIE. In French law. The govern ment building of each commune. It con tains the record office of all civil acts and the list of voters; and it is there that political and municipal elections take place. Arg. Fr. Merc. Law, 566. MAISON DE DIEU. Fr. A hospital; analmshouse; a monastery. St. 39 Eliz. c. 5. Literally, "house of God." MAISTER. An old form of " master."

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