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JUSTICE OF THE PEACE

AND

Parish Officer.

THE TWENTY-NINTH EDITION,

CORRECTED AND GREATLY ENLARGED,

CONTAINING THE

CASES & STATUTES TO 7 & 8 VICT., INCLUSIVE,

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THE TITLE “POOR"
By MR. COMMISSIONER BERE,

OF THE EXETER DISTRICT COURT OF BANKRUPTCY,

THE REST OF THE WORK
BY THOMAS CHITTY, Esq.,

OF THE INNER TEMPLE.

IN SIX VOLUMES.

VOL V.

LONDON:
SWEET; MAXWELL & SON; AND STEVENS & NORTON,

Law Booksellers & Publishers;
HODGES & SMITH, GRAFTON STREET, DUBLIN.

THE

JUSTICE OF THE PEACE

AND

PARISH OFFICER.

fractinerp, Malicious Injuries to, see post, Malicious Injuries to

Property;" Hundred,Vol. II.-Exportation of, see post, Manufactures.”

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fail, Stealing, &c., from, see post, Post Office;" see also

tit. “ Carriers," Vol. I.

Maim.

AIM is such a hurt of any part of a man's body, whereby he is ren. What it is. dered less able, in fighting, either to defend himself or annoy his adversary: for the members of every subject are under the safeguard and protection of the law, to the end a man may serve his king and country when occasion shall be offered. (1 Hawk. c. 44, s. 1; 4 Bla. Com. 205.)

The cutting off, or disabling, or weakening a man's hand or finger, or What not a maim. striking out his eye or foretooth, or castrating him, are said to be maims, but the cutting off his ear, or nose, was not esteemed as a maim at the common law, because it does not weaken, but only disfigures him. (1 Harok. c. 44, 8. 2.)

A person who maims himself, that he may have the more colour to beg, Cheats by maim may be indieted and fined. (1 Inst. 127.)

FOL. V.

Maim.

Castration.

And by the like reason a person who disables himself, that he may not be pressed for a soldier.

And so of the party by whom it was effected at the other's desire. (1 Hale, 412; 1 East's P. Č. 396; 1 Inst. 127.)

It is said, anciently castration was punished with death, and other maims with the loss of member for member: but afterwards, no maim was punished in any case with the loss of life or member, but only with fine and imprisonment. (1 Hawk. c. 44, s. 2.)

See further, as to offence of maliciously maiming a person, title Malicious Injuries to the Person,post.

As to maiming cattle, see title Cattle and Animals," Vol. I.

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Maintenance.

BUYING of titles belongeth not to this place, but is treated of under a title of its own, viz: “Buying of Titles," Vol. I.

I. Of Maintenance in General, p. 2.

[1 Edw. III. st. 2, c. 14; 20 Edw. III. C. 4; 1 Rich. II. C. 4;

32 Hen. VIII. c. 9.]
II. Of Champerty in particular, p. 4.

[3 Edw. I. c. 25 : 28 Edw. I. c. 11; 33 Edw. I. st. 2; 33 Edw. I.

st. 3; 1 Rich. II. c. 9 ; 31 Eliz. c. 5.] III. Of Embracery of Jurors, p. 5.

[32 Hen. VIII. c. 9; 6 Geo. IV.c. 50, s. 61.]

Maintenance, what.

In the country,

1. Of Maintenance in General. Maintenance (manu tenere) is an unlawful taking in hand or upholding of quarrels or suits to the disturbance or hindrance of common right. (i Hawk. c. 83, s. 1; 4 Blac. Com. 134.)

And it is twofold, technically termed ruralis et curialis.

One in the country; as where one assists another in his pretensions to certain lands, by taking or holding the possession of them for him by force or subtlety; or where one stirs up quarrels and suits in the country, in relation to matters wherein he is no way concerned : and this kind of maintenance is punishable at the queen's suit by fine and imprisonment, whether the matter in dispute any way depended in plea or not: but it is said not to be actionable. (Id. s. 1, 2.)

Another in the courts of justice; where one officiously intermeddles in a suit depending in any such court, which no way belongs to him, by assisting either party with money or otherwise in the prosecution or de fence of any such suit. (1 Hawk. c. 83, s. 1, 2.)

Of this second kind of maintenance, there are three species :

First, where one maintains another, without any contract to have part of the thing in suit ; which generally goes under the common name of maintenance.

Secondly, where one maintains one side to have part of the thing in suit; which is called champerty.

Thirdly, where one laboureth a jury; which is called embracery. (Id. s. 3.)

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But it seemeth to be agreed, that wherever any persons claim a com- 1. Mainte. mon interest in the same thing, as in a way, churchyard, or common, by nance in gene. the same title, they may maintain one another in a suit relating to the ral. sane. (1 Hawk. c. 63, s. 18. And see Williamson v. Henley, 6 Bing. 299; 3 Moo.& P. 731 ; see also Jacob's Rep. 427; Gwyllim's Tithe Cases, 1381.)

Also, that whoever is any way of kin or affinity to the party may coun. sel and assist him, but that he cannot justify the laying out any of his OUT money in the cause, unless he be either father, son, or heir apparent.

(Id. s. 20.)

law.

Also, that any one in charity may lawfully give money to a poor man, to enable him to carry on his suit. (Id. s. 26; 4 Black. Com. 135; Vin. 46. Maintenance, 2; and see further, i Russ. on Cr. 176; 6 Bing. 299; 3 Moo. $ P.731; Bell v. Smith, 7 D. & R. 846 ; 5 B. & C. 188, S.C.)

It has been held that an agreement not to oppose a railway bill in parliament is not illegal. (See Edwards v. Grand Junction Railway, 7 Sina, 337, affirming 1 Myl. &. C. 650; Simpson v. Lord Howden, 1 Jurist, 703, reversing S. C. in 1 Reeve, 583.)

It seemeth that all maintenance is not only malum prohibitum by How punishable statute, but is also malum in se, and strictly prohibited by the common by the common law, as having a manifest tendency to oppression; and, therefore, it is aid that all offenders of this kind are not only liable to an action of maintenance at the suit of the party grieved, wherein they shall render such damages as shall be answerable to the injury done to the plaintiff, but also that they may be indicted as offenders against public justice, and adjudged thereupon to such fine and imprisonment as shall be agreeable to the circumstances of the offence. Also, it seemeth that a court of record may commit a man for an act of maintenance done in the face of the court; (2 Inst. 212; 1 Hawk. c. 83, s. 36; and see Pechell v. Watson, 8 M. & Wels. 691 ;) wherein the plaintiff recovered damages in an action for maintenance; and see the form of declaration there, which was held good after several objections raised against it.

By stat. 1 Edw. III. st. 2, c. 14, no person shall take upon him to main. How punishable tain quarrels, nor parties in the country, to the disturbance of the com-by statute mnon law.

By stat. 20 Edw. III. c. 4, none shall take in hand quarrels other than their own, nor the same maintain, by them nor by other, for gift, prornise, amity, favour, doubt, fear, nor other cause, in disturbance of law and hindrance of right.

By stat. 1 Rich. II. c. 4, none shall take or sustain any quarrel by main. tenance in the country, nor elsewhere, on pain, if he is a great officer, as the king by the advice of the lords shall ordain: if he is a lesser officer, he shall forfeit his office, and be imprisoned and ransomed at the king's will, and all other persons, on pain of imprisonment and ransom at the king's will.

And by stat. 32 Hen. VIII. c. 9, s. 3, no person shall unlawfully maintain or procure any unlawful maintenance in any action, demand, or complaint, in any court having power to hold plea of lands; nor shall unLawfully retain any person for maintenance of any plea to the disturbance or bindrance of justice ; on pain of 101., half to the king, and half to him that shall sue within one year.

By the same act, section 5, proclamation of the statutes of maintenance and champerty, &c., is to be made at the assizes.

Unlawfully Maintain.]-It seemeth that in an information on this statute. it is not sufficient to say that the defendant maintained the party, without adding that he did it unlawfully. (1 Hawk. c. 83, s. 45.)

Haring Power to hold Plea of Lands.] It is said to have been adindeed, that maintenance of a suit in a spiritual court is neither within this nor any other statute concerning maintenance. (Id. c. 83, s. 46.)

To hold Plea. It hath been holden that in an information on this sta. tute, it is necessary to show that a plea was depending; and, therefore,

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