KFLCC Kingdom Law 2nd Ed.

747

MAINTENANCE

MAIN

MAINPRISE.

The delivery of a person

generally, it is not restricted to this common law meaning, but signifies to cripple or mu tilate in any way, to inflict any permanent in jury upon the body, to inflict upon a person any injury which deprives him of the use of any limb or member of the body, or renders him lame or defective in bodily vigor. See Regina /v. Jeans, 1 Car. & K. 540; High v. State, 26 Tex. App. 545, 10 S. W. 238, 8 Am. St. Rep. 488; Baker v. State. 4 Ark. 56; Turman v. State, 4 Tex. App. 588; Com. v. Newell, 7 Mass. 249.

into the custody of mainpernors, Also the name of a writ (now obsolete) command ing the sheriff to take the security of main pernors and set the party at liberty. Forsworn, by making false oath with hand (main) on book. Used in the north of England. Brownl. 4; Hob. 125. To maintain an action or suit is to commence or institute it; the term imports the existence of a cause of action. Boutiller v. The Milwaukee, 8 Minn. 105, (Gil. 80, 81.) In pleading. A tech nical word indispensable in an indictment for maintenance. 1 Wils. 325. In criminal law. One that maintains or seconds a cause depending in suit between others, either by disbursing money or making friends for either party to wards his help. Blount. One who is guilty of maintenance (q. v.) Sustenance; support; assistance. The furnishing by one person 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. Wall v. Williams, 93 N. C. 330, 53 Am. Rep. 458; Winthrop Co. v. Clin ton, 196 Pa. 472, 46 Atl. 435, 79 Am. St Rep. 729; Regina v. Gravesend, 5 El. & Bl. 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 rio interest, to assist one of the parties to it, against the other, with money or advice to piy>secute 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. 3686; Hawk. P. C. 393. Maintenance 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 inter meddles 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 be tween "champerty" and "maintenance" is that maintenance is lie 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 un- (q. v.) MAINSWORN. MAINTAIN. MAINTAINED. MAINTAINOR. MAINTENANCE.

MAIN.

L. Fr. A hand. More common

ly written

"meyn."

— Main-a-main.

Immediately.

Kelham.

MAIN.

Principal, chief, most important

in size, extent, or utility. — Main channel. The main channel of a river is that bed over which the principal vol ume of water flows. See St. Louis, etc., Pack et Co. v. Keokuk & H. Bridge Co. (C. C.) 31 Fed. 757; Cessill v. State, 40 Ark. 504; Dun lieth & D. Bridge Co. v. Dubuque County, 55 Iowa, 558, 8 N. W. 443.— Main-rent. Vas salage.— Main sea. See SEA.

MAINAS.

In old English law. A false

oath; perjury. Sax. "manath"

Co well.

Probably from a false or de

or ''mainath"

ceitful oath.

MAINE-FORT. A small tribute, com monly of loaves of bread, which in some places the parishioners paid to the rector in lieu of small tithes. Cowell. MAINOUR. 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 Eng lish word "manner," and the expression "taken in the manner" occurs in the books. Crabb, Eng. Law, 154. A trespass committed by hand. See 7 Rich. II. c. 4. MAINPERNABLE. Capable of being bailed; bailable; admissible to bail on giv ing surety by mainpernors. A surety for the appearance of a person under arrest, who is delivered out of custody into the hands of his bail. "Mainpernors" dif fer 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 whatsoever. 3 Bl. Comm. 128. Other distinctions are made in the old books. See Cowell. MAINOVRE, or MAINCEUVRE. MAINPERNQR. In old practice.