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CHAMPERTY, or CHAMPARTY ( See also: English See also: law, a bargain between a See also: plaintiff or See also: defendant in a cause and another See also: person, to See also: divide the See also: land (campum partiri) or other See also: 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 See also: fine or imprisonment
.
It differs only from maintenance (q.v.), in that the recompense for the service which has been given 'is always See also: part of the matter in suit, or some profit growing out of it
.
So an agreement by a See also: solicitor not to See also: charge See also: 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 See also: order to obtain the means of prosecuting it
.
See Fifth Report of the Criminal Law Commissioners, pp
.
34-9
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