英文法律词典 M-5

MAINOUR, crim. law. The thing stolen found in the hands of the thief who has stolen it; hence when a man is found with property which he has stolen, he is said to be taken with the mainour, that is, it is found in his hands.

2. Formerly¹ there was a distinction made between a larceny², when the thing stolen was found in the hands of the criminal, and when the proof depended upon other circumstances not quite so irrefragable; the former properly was termed pris ove maynovere, or ove mainer, or mainour, as it is generally written. Barr. on the Stat. 315, 316, note:

MAINPERNABLE. Capable of being bailed⁵; one for whom bail⁴ may be taken; bailable⁶.

MAINPERNORS, English law. Those persons to whom a man, is delivered out of custody⁷ or prison, on their becoming bound for his appearance.

2. Mainpernors differ from bail: a man's bail may imprison⁸ or surrender him up before the stipulated¹⁰ day of appearance; mainpernors can do neither, but are merely sureties for his appearance at the day; bail are only sureties that the party be answerable for all the special matter for which they stipulate⁹; mainpernors are bound to produce him to answer all charges whatsoever¹¹. 3. Bl. Com. 128; vide Dane's Index, h. t.

MAINPRISE, Engl. law. The taking a man into friendly custody, who might otherwise be committed to prison, upon security given for his appearance at a time and place assigned. Wood's Inst. B. 4, c. 4.

2. Mainprise differs from bail in this, that a man's mainpernors are barely his sureties, and cannot imprison him themselves to secure his appearance, as his bail may, who are looked upon as his gaolers, to whose custody he is committed.. 6 Mod. 231; 7 Mod. 77, 85, 98; Ld. Raym. 606; Bac. Ab. Bail in Civil Cases; 4 Inst. 180. Vide Mainpernors. Writ³ of Mainprise; and 15 Vin. Ab. 146; 3 Bl. Com. 128.

MAINTENANCE, crimes. A malicious¹², or at least, officious interference in a suit in which the offender¹³ has no interest, to assist one of the parties to it against the other, with money or advice to prosecute¹⁴ or defend the action, without any authority of law. 1 Russ. Cr. 176.

2. But there are many acts in the nature of maintenance, which become justifiable¹⁵ from the circumstances under which they are done. They may be justi-fied, 1. Because the party has an interest in the thing in variance¹⁶; as when he has a bare contingency¹⁷ in the lands in question, which possibly may never come in esse. Bac. Ab. h. t. 2. Because the party is of kindred or affinity¹⁸, as father, son, or heir apparent, or husband or wife. 3. Because the relation of landlord and tenant¹⁹ or master and servant subsists²⁰ between the party to the suit and the person who assists him. 4. Because the money is given out of charity. 1 Bailey, S. C. Rep. 401. 5. Because the person assisting the party to the suit is an attorney or counsellor: the assistance to be rendered must, however, be strictly²¹ professional, for a lawyer is not more justified²² in giving his client money than another man. 1 Russ. Cr. 179. Bac. Ab Mainte-nance: Bro. Maintenance. This offence is punishable by fine and imprisonment²³. 4 Black Com. 124; 2 Swift's Dig. 328; Bac. Ab. h. t. Vide 3 Hawks²⁴, 86; 1 Greenl. 292; 11 Mass. 553 , 6 Mass. 421; 5 Pick. 359; 5 Monr. 413; 6 Cowen, 431; 4 Wend. 806; 14 John. R. 124; 3 Cowen, 647; 3 John. Ch. R. 508 7 D. & R. 846; 5 B. & C. 188.