MAINTENANCE, in law, bears a near relation to BARRETRY; being 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: a practice that was greatly encouraged by the first introduction of uses. This is an offence against public justice, as it keeps alive strength and contention, and prevents the remedial process of the law into an engine of oppression. And therefore, by the Roman law, it was a species of the crimen falsi, to enter into any confederacy, or do any act to support another's law-suit, by money, witnesses, or patronage. A man may, however, maintain the suit of his near kinsman, servant, or poor neighbour, out of charity and compassion, with impunity. Otherwise the punishment by common law is fine and imprisonment; and by the statute 32 Hen. VIII. c. 9, a forfeiture of 101.
MAINTENANCE
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