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MAINTENANCE (Fr. maintenance, from ma...

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Originally appearing in Volume V17, Page 442 of the 1911 Encyclopedia Britannica.
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MAINTENANCE (Fr. maintenance, from maintenir, to maintain, support, See also:Lat. manu tenere, to hold in the See also:hand) . The See also:action of giving support, supplying means of subsistence, keeping efficient or in working See also:order. In See also:English See also:law maintenance is an officious intermeddling in an action that in no way belongs to one by maintaining or assisting either party, with See also:money or otherwise, to prosecute or defend it. It is an indictable offence, both at See also:common law and by See also:statute, and punishable by See also:fine and imprisonment. It invalidates all contracts involving it. It is also actionable. There are, however, certain cases in which maintenance is justifiable, e.g. any one who has an See also:interest, even if it be only contingent, in the See also:matter at variance can maintain another in an action concerning the matter; or several parties who have a common interest in the same thing may maintain one another in a suit concerning the same. Neither is it reckoned maintenance to assist another in his suit on charitable grounds, or for a See also:master to assist his servant, or a See also:parent his son, or.a See also:husband his wife. The law with regard to the subject is considered at length in See also:Bradlaugh v. Newdegate, 1883, 11 Q.B.D. 1. See also See also:CHAMPERTY.

For the practice of " See also:

livery and maintenance " see ENGLISH See also:HISTORY, § v. and vi. A CAP OF MAINTENANCE, i.e. a cap of See also:crimson See also:velvet turned up with See also:ermine, is See also:borne, as one of the insignia of the See also:British See also:sovereign, immediately before him at his See also:coronation or on such See also:state occasions as the opening of See also:parliament. It is carried by the hereditary See also:bearer, the See also:marquess of See also:Winchester, upon a See also:white wand. A similar cap is also borne before the See also:lord See also:mayor of See also:London. The origin of this See also:symbol of dignity is obscure. It is stated in the New English See also:Dictionary that it was granted by the See also:pope to See also:Henry VII. and Henry VIII. It is probably connected with the " cap of See also:estate " or " dignity," sometimes also styled cap of maintenance," similar to the royal symbol with two peaks or horns behind, which is borne as a heraldic See also:charge by certain families. It seems originally to have been a See also:privilege of See also:dukes. Where it is used the See also:crest is placed upon it, instead of on the usual See also:wreath.

End of Article: MAINTENANCE (Fr. maintenance, from maintenir, to maintain, support, Lat. manu tenere, to hold in the hand)

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