Page:Black's Law Dictionary (Second Edition).djvu/755

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MAIN

generally, it is not restricted to thls common- lsvv meaning, but signifies to crippie or mutilate ln any way, to indict any permanent in- jury upon the body. to inflict upon a person may injury which deprives him of the use of any limb or member of the body, or renders hm: lame or defective in bmiilv vigor. See Ileginn v. Jeans, 1 Car. & K. 54 : High v. State. 26 Tax. App. 545, 10 S. WV. 238, 8 Am. St. Rep. 488', Baker v. State. 4 Ark. 56; Turman v. State. 4 Tex. App. 588; Com. v. Neweil. 7 '.\iass. 2-19.

MAIN. L. Fr. ly nritten "m.L’;1/n." —Mnin-A-main.

A hand. More common-

Immediately. Kelham.

MAIN. Principal. chief, most important in size, extent, or utility. —Mein channel. The main channel of 3 river is that bed over which the principal vol- ume of water flows. See St. Louis, etc., Pack- et Co. v. Keokuk «K: H. Bridge 00. (C. C.) 31 Fed. 757: Ccssill v. State, 40 Ark. 504; Dun- licth & D. Bridge Co. v. Dubuque County. 55 Iowa. 553. S N. W. 443.—Main-rent. Vasseisge.—IMai.n sen. See SEA.

MAINAD. In old English law A false oath; perjury. Cowell. Probably from Sax. “manuth” or “maimith" a false or deceltful oath.

MAINE-PORT. A small tribute, com- monly of loaves of bread, which in some places the parishioners paid to the rector in ileu of small tithes. Cowell.

MAINOUR. In criminal law. An article stolen, when found in the hands of the thief. A thief caught with the stolen goods in his pnssesslon is said to be taken "with the nminour." that is, with the property in manu, in his hands. 4 Bl. Comm. 307.

The word seems to hnve corresponded with the Saxon “Imurll|nlw71d," (q. 1:.) :1 modern law it has somctimcs hccn written as on Film- Iusli word "manner," and the expression “taken in the nnnuner" occurs in the hooks. Crabb. ling. Law. 154.

MAINOVRE, or MAINCEUVRE. A trespass committed by hand. See 7 Rich. II. C. 4.

MAIN’!-‘ERNABLII. Capable of helng haiicrl; hailuhle; admissible to bail on giving surety by Inalnpcrnors.

IVLAINPERNOR. In old practice. A surety for the appearance of a person under arrest, who is delivered out of custody into the hands of his bail. “Mu.inpernors" (lit- for from ‘‘ball'’ in that a man’s hall may imprison or surrender him up before the stipulated day of appearance; mainpernors can do neither, but are "barely sureties for his appearance at the day. Bail are only snrctles that the party he answerable for line spcciul matter for which they stipulate; malnpernors are bound to produce him to nns\ver all charnes whatsoever. 3 Bl. Comm. 128. Other distinctions are made in the old books. See Cowell.

747

MAINTENANCE

RLAINPRISE. The delivery of a person mm the custody or mainpornu-rs, (q. 1;.) Also the name of a writ (now ohsolete) commanding the sherifl to take the security of main- pernors and set the party at liberty.

MAINSWORN. Forsworn, by mnking false oath with hrmd (main) on book. Used in the north of England, Brownl. 4; Huh. 125.

MAINTAIN. To maintain an action or suit is to commence or institute it; the term imports the existence of a cause of action. Bontiiler v. The l\iilwaukee_ 8 Minn. 105, (G11. 80, 81.)

MAINTAINED. In pleading. A tech- nical word indispensable in an indictment for maintenance. 1 Wile. 325.

MAINTAINOR. In criminal law. One that maintains or seconds a cause depending in suit between others. either by disbursing money or making friends for either party to- wards his help. Blount One who is guilty of maintemmce (q. 1;)

MAINTENANCE. sustenance , support; assistance. The furnishing by one person to another, for his support, of the une.-ins of living, or food, clothing, shelter, etc.. particulariy where the legal relation of the parties is such that one is bound to support the other. us between father and child, or nus» hand and Wife. Wan v. Williams, 93 N. G. 3:‘ 53 Am. Rep. 458; Winthrop Co. v. Ciinton. 196 Pa. -172, 46 At}. 485. 79 Am. St. Rep. 72 : Regina v. Gravesend. 5 El. & Bi. 4!‘ State v. Beutty, 61 Iowa, 307. 16 N. W. 1-15). In re Warren Insane Ilospitsl, 3 Pa. Dist. ll 2'’ .

In crixninnl law. An unauthorized and officlous interference in a suit in which the offender has no interest. to assist one of the parties to it, against the other, with money or advice to prosecute or defend the action. 1 Russ. Crimes. 25-1.

l\Ininu-nance. in general. signifies an unlawful taking in hand or upiioitling of qualrels and sides, to the hindrance of common right. Co. Litt. 3637): Hawk. P. C. ‘I93.

Maintenance is the nss_istiu_: another person in

a iawsuit, without having any concern in the subject. Wickh:im v. Conklin, 8 Johns. (N. Y.) 220

Maintenance is where one ofl-iciously intermeddles in a suit “hid: in no way helonzs to him. The term does not incinde all kinds of aid in the prosecution or defense of a.nothcr's cause. It does not extend to persons having nu interest in the thin: in controversy. nor to persons of kin or aflinity to either party, not to counsel or attorneys, for their acts are not officious, nor unlawful. The distinction between “chs1nperty" and “mainten-iuce" is that maintenance is the promoting, or undertaking to promote, a suit by one who has no lawful cause to do so, and chsmperty is an agreement

for a division of the thing in controversy, in the event of success, as a reward for the un-