MAINTENANCE OW_ Fr. muintunance, from mainten is-, to maintain, from Lat. ?MIMI lettere, to hold in the hand. from mane. ahi. sg. of mantis, hand ± lettere, to hold). In its legal sense, an officious internieddling by a person in litigation in which he is not concerned or finan cially interested, by assisting either party with money or otherwise. It di tiers fr sin champerty, in that, in order to constitute maintenanee, it is not necessary that the offender shall bargain for a part of the proceeds on the contingency that the person assisted is successful. It is punishable as a crime at common law on the theory that it tends to.increase groundless and vexatious litiga tion and to obstruct the administration of jus tice. early common law carried the doc trine to extremes, and it was formerly danger ous for a man to advise a friend to consult a lawyer to protect his rights, but it has been greatly modified in the course of time, and to day where the common-law rules prevail. the intention with which the assistance is given is considered the gist of the offense. Thus. in such jurisdictions, if one assists a relative or even a friend to carry on litigation solely because of the relationship existing between them. and
is not actuated by malicious motives against the opposite party, he is not guilty of mainte nance. At common law a civil action for dam ages may be brought by the injured party against such an offender, and such right still exists in many jurisdictions where maintenance as a criminal offense is no longer recognized. In New York the common-law rules above men tioned do not exist to-day, hut by statute a person is prohibited from taking title to lands which are the subject of legal controversy. and an attorney cannot buy or take an assignment of a claim for the purpose of prosecuting it by action. In several other States it is not recog nized as a t riniinal offense and probaldy not as a civil cause of action. In the United States generally. however. agreements between attorney and client for fees contingent upon the success of the net ion are enforced. even where they have amounted to one-half of the amount reeovered. See BARRATRY; CIWIPERTY. Consult the au thorities referred to under efuNtiNar. LAW; TORT.