The New York herald., 1851-08-07

WAsHINoIoS, July -, 1861.
Loic Concerning the Crimes Of 1Mai,geitance, Cham
pofy, BarrGtry, AID Emsbrasry-H Hlsga!1y O
Comfi"gsw" Fees to Age,ns, co,sssol, &c.-Sps
eSldfson IN Disputed Taks aad Claia,s, and
"Choses !" Adion"- Appicabaay Of Lao to
Claim Gases against tho United States.
A reference to the common and statute law Of Eng
land conceI ming the crimes of mainten ance, chan
perty, bsrratry, and embraeery, and an examina-
tion to the extent of its adoption in the United
States will be found pertinent to the full inquiry
propose to make, to the Legality and moral pro-
priety Of the practices pursued in this city, in rela
ton to claims against the government. The in
quiry as to how far the custom of agents, alter
neys, counsellors, &C., making contracts for "con-
tingent" fees for the prosecution Of such claims
before Congress- before the departments, or befor,
commissioners, can be defended upon principles
of sound policy or propriety, may also be useful.
The English law as to Contingent fees in suits
atlaw, and as to speculation in disputed titles and
claims, and "choses in action" and the extent of
its recognition in the United States, may also be
a profitable subject of notice. This letter will be
chiefly appropriated to such exposit ion.
The following notes have been gathered from the
leg authorities cited, mostly to be found in the
law library of thu Supreme Court of the United
States in this city.
Maintenance fmsnu ten<rs) Is an onicious in.ermed
ding, unlawful taking in hand, or upholdiag con-
troversy suit that in way belongs to one, by main
prosecute or defend IT, to the or nindrance Of
common right q Burns l45, Haw p. G. 2io Black
Comm ls4o) practice that & was greatly snooursged @
public justice as keeps alive strife and contention and
pervers the remedial process Of the law into engae
And therefore. by the Roman law II
OF enter into cO0teoer1cy,
to do any act to support anothcrs law suit by money
witnesses or patronage lff lS, TO- 70 b Comm iSS?
man. servant poor neghbor out Of charity and COM
passion with impunity. Il Haw p. G. 2S3. b. Comm.
and imprisonment (d) ana by statute SO Hen. 9. Q,
forfeiture Of ten pounds, Nc Ubid) The offence Is
,Ires Gin the eountry e euriss, Ssnd IN the c0grts2
rretensioDs to certain lands BY taking or holding the
Of them for him by force or subtety or when
strs up quarre and suits In the country in relation
to matters wherein he in no concerned and this
kind Of maintenance is punished at the kings suit by
fine and imprisonment, whether the matter in dispute
any way depended in plea, or not. "a Burns J. las
Haw p Q. 29) Maintenance c,aiaiis Is, where one ON
ciousy intermediates in suit depending in such court,
which ways belongs to him. as before mentioned and
Of this kind there are three species:-l. Common
maintenance "--where one maintains another with
out any contract to have part OF the thing
In suit 2 sChamperty'-where one maintains one
side to have part Of the thing in suit g. Embracery"
where one laboreth jury, Ibidl. All mainte,
strictly prohibited by the law; and all offenders
are liable action of maintenance the suit Of the
party greved wherein they shall receive such damages
as shall answerable to the injury done to the plaintiff
but they may also be indicted rs offenders against public
justice and adjudsed to such inc and as
it seemeth that . court OF record may commit man
for act Of done In the face OF the Court
Ibid and Inst 2l2) mo person shall take upon him
to maintain Quarrels parties in the country 10 the
disturbance Of the common aw.n l. Ed. 8. st c. H.
None shall take in hand quarrels other than their own
the maintain BY them nor by others for gift,
promte amty, favor, doubt fear nor other cause, In
disturbance Of law and hndrauce Of right" 20 Ed.
CA None shall take in hand or sustain any quarrel
by mantenanee in the country elsewhere pain II
he be great occr the king by advice OF the lords,
may ordain or he Is lesser officer he shall forfeit his
office, and be imprisoned and ransomed at the kings
will and all other persons ON pain OF Imprisonment and
ransom at the kings will l. II. &c. 4. mo person
take upon him the business that Is in suit shall
any upon such give up his right TO another
the pain that he s sn a 20 su, the
ance but person fhall be prohibited hereby, to
have counsel and plcaders Of men learnedtn the law,
l. IL "Any person who shall take tor maintenance
like bargain any suit plea against another he and
three years and made fne at the kings pleasure 3
Ed st 81 "A feofment OF lands or gift Of goods for
maintenance shall be void, and the person dsseis-
disseizors, with double damages, without having
any regard to such aiienasions q T. c. ~
mo officer Of the King, by himself nor by other
shall maintain pleas suits other matters hanging in
the kings courts r ands tenemen nts ether things
or
parcl or writing Burns J. las Setween them and be
that doth shall be punished at the kings pleasure e
Ed 20, stat. westpi) See Russ. ON Or la, and
notes. -. r.,
land, are recognized, IL is believed, in most Of the
United States Vide, 4 kents Com, ii9 and
notes story Eq.: Juris, section lorS &c, aud
notes Danes Abridgement III.
CmAxrrnry is the maintenance Of any man in his
suit upon condition to have part (paf Of the thing
in dispute whom IL Is received parti rei qua ss IN
iacfc hobenda whether 1t be land (eamp anything
out Of land, goods or debt, or any other thng In
plea or suit (Cowe. Blount: Reg Orig lsS Y n i're
i,2 Co Lift 35s lust 20s II Is from oamPi payfi,
or eamp patitio and IL the unlawful maintenance Of
suit in consideration Of bargain to have part OF the
land or thing 10 dputs or Part Of the gain or soms pro
stone a Comm 1857 defines 1t to he species OF main
tenance, being bargain with plaintiff or defendant
for between them II they prevail at law vhercupon the
chsmperter to carry on the party suit at his own ex
french a~ signifies similar division Of profits being
part Of crop annually due 10 the landlord by bargain
custom In sense Of the word signifies the pur-
chasing Of suit or right Of suing practice 80 much
abhorred BY our law that Is one main reason why
chose IN action thing u which ono hath the right but
not the possessIop In asgnsble at common law be-
another right. ibid. Com Dig atty b. ~ Idd prse;
s26) Those pests Of civil society iehamperteng
who cause 10 be moved pleas and suits either BY
their procurement or by that OF others, and
cue them their costs TO have part OF the land In
dNputc, 81 tne td"I patcM
vs,i haIeni q Reeves Hist. Com. Law 243) thai
perpetusy cndavorng 10 disturb the repose Of their
neighbors and oficiously interfering In other mems
quarres even at the hazard Il their fortunes
severely animadvertcd on by the Roman hw:-Qm iHs
,ro6c osun in ana im. q, quioqsd er oond,~ndi,one
IN rem psius redocis ft ni ccrraiincdr,r icee
io a. ri pyir.,a ien,ni. (ff ls, % and they were
punished by the forfeiture of third part OF their goods
and perpetual infan,y. "a Dsc Comm lS6l Iereunto,
also must H. referred the provision Of the statute j. Hen
o. before cited TO forfeiture of value u lands by
both parties, to any ehamperty 1bid Tue purchase
Of an in the thing In dispute. with the object Of
maiptsnipg and taking part in tho litigation, l. cham
rrrty (ytte n Yes. Us. Sim. stu 2H 1 Eden
iol NJ A Dea 5l7 Wee. i93 Jsc. f25. eJurist 5.n,
ss7 The distinction between maintenance and cham
perty seems where there Is no sgreem Mt TO divide
The Thing in suit the party rtcrmeddng Is guilty OF
only but wheu he ipulates to receive part
OF the thing In suit he |. guilty of chsmpcrty Hence
the rule of Lord Coke that every champerty Is main,
tenap~e hut every maintenance is not chsmporty q
Inst 1854 steph. Comm. 80, n. l. -, Burns li5D
Cha smp,rty species of maintenance which V ths
ervs fIbid) Cbamperty was an offence at common
law and ~ such is punishable In like manner a. main