Online Encyclopedia

CHAMPERTY, or CHAMPARTY (Lat. campi p...

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Originally appearing in Volume V05, Page 829 of the 1911 Encyclopedia Britannica.
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CHAMPERTY, or CHAMPARTY (
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Lat. campi partitio, O. Fr. champ parti)
  , in
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English law, a bargain between a
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plaintiff or
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defendant in a cause and another person, to
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divide the
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land (campum partiri) or other
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matter sued for, if they prevail, in consideration of that person carrying on or defending the suit at his own expense . It is a misdemeanour punishable by
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fine or imprisonment . It differs only from maintenance (q.v.), in that the recompense for the service which has been given 'is always
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part of the matter in suit, or some profit growing out of it . So an agreement by a
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solicitor not to charge
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costs on condition of retaining for himself a share of the sums recovered would be illegal and void . It is not, however, champerty to charge the subject-matter of a suit in order to obtain the means of prosecuting it . See Fifth Report of the Criminal Law Commissioners, pp . 34-9 .

End of Article: CHAMPERTY, or CHAMPARTY (Lat. campi partitio, O. Fr. champ parti)
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