The History of Conspiracy And Abuse of Legal Procedure

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Moore (1813) 5 Taunt. 187.
' W. Jones, 93 (20 Jac. I, B.R.) ; ante 59.
* Atviood V. Monger, Style, 378.
' It became too common in Charles 11 's reign in the opinion of the Judges, who thought that it deterred people from prosecuting on just occa- sions. Kelyng 3 (16 Car. II).
° Chamberlain v. Prescott, Raym. 135.
' I Lord Raym. 374 (10 Will. Ill, B.R.).
' Reynolds v. Kennedy (1748). i Wils. 232.
CHAPTER VI MAINTENANCE AND CHAMPERTY HISTORICAL OUTLINE COKE'S DEFINITION § I. Other forms of abuse
...of procedure closely connected with conspiracy are champerty and maintenance. According to Coke, Maintenance, manutenentia... sigmfieth in law a taking in hand, beariag up or upholding of quarrels or sides, to the disturbance oi hindrance of common right;... and it is two-fold, one in the country and another in the court.
The former species Coke called ruralts, the latter curialis^, Manutenentia ruralts he explains elsewhere as stirring up and maintaining quarrels, that is, complaints, suits and parts in the country other than the maintainer's own, though the same depend not in plea^, and he exemplifies it from Littleton who puts the case of F enfeoffing barrators and extortioners, in the country, of A's house, to have maintenance from them of the house Ijy a deed of feoffment with warranty, so that A through fear quits the house*.


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