Champerty definition

Champerty





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2 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Champerty \Cham"per*ty\, n. [F. champart field rent, L.
     campipars; champ (L. campus) field + part (L. pars) share.]
     1. Partnership in power; equal share of authority. [Obs.]
        [1913 Webster]
  
              Beaut['e] ne sleighte, strengthe ne hardyness,


              Ne may with Venus holde champartye.   --Chaucer.
        [1913 Webster]
  
     2. (Law) The prosecution or defense of a suit, whether by
        furnishing money or personal services, by one who has no
        legitimate concern therein, in consideration of an
        agreement that he shall receive, in the event of success,
        a share of the matter in suit; maintenance with the
        addition of an agreement to divide the thing in suit. See
        {Maintenance}.
        [1913 Webster]
  
     Note: By many authorities champerty is defined as an
           agreement of this nature. From early times the offence
           of champerty has been forbidden and punishable.
           [1913 Webster]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  CHAMPERTY, crimes. A bargain with a plaintiff or defendant, campum partire, 
  to divide the land or other matter sued for between them, if they prevail at 
  law, the champertor undertaking to carry on the suit at his own expense. 1 
  Pick. 416; 1 Ham. 132; 5 Monr. 416; 4 Litt. 117; 5 John. Ch. R. 44; 7 Port. 
  R. 488. 
       2. This offence differs from maintenance, in this, that in the latter 
  the person assisting the suitor receives no benefit, while in the former he 
  receives one half, or other portion, of the thing sued for. See Punishment; 
  Fine; Imprisonment; 4 Bl. Com. 135. 
       3. This was an offence in the civil law. Poth. Pand. lib. 3, t. 1; App. 
  n. 1, tom. 3, p. 104; 15 Ves. 139; 7 Bligh's R. 369; S. C. 20 E. C. L. R. 
  165; 5 Moore & P. 193; 6 Carr. & P. 749; S. C. 25 E. C. L. R. 631; 1 Russ. 
  Cr. 179 Hawk. P. C. b. 1 c. 84, s. 5. 
       4. To maintain a defendant may be champerty. Hawk. P. C. b. 1, c. 84, s.
  
  8 3 Ham. 541; 6 Monr. 392; 8 Yerg. 484; 8 John. 479; 1 John. Ch. R. 444;, 7 
  Wend. 152; 3 Cowen, 624; 6 Cowen, 90. 
  
  

















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