Maintenance means maintaining or supporting the litigation of another.1 Champerty is a bargain to divide the proceeds of a litigation between the plaintiff and the party supporting the litigation. Champerty is said to be a species of aggravated maintenance.2 It seems entirely possible, however, to have an agreement to divide the proceeds of a litigation without arty agreement to pay its expenses. The early law was extremely severe, not only upon champerty «but upon maintenance, and statutes were passed subjecting those guilty of the offence to severe punishment.3 It is not necessary, however, to consider the history of the subject in detail; it is enough to consider how far the principles of the early law still involve the invalidity of agreements having maintenance or champerty for their object.
1 Coke Litt. 368b; 4 Black. Comm. 135.
2 2 Rolle Abr. 119 R; 4 Black Comm. 136; Sprye v. Porter, 7 E. & B. 58, per Bovill, Arg.; Sampliner v. Motion Picture Patents Co., 255 Fed. 242, 168 G. C. A. 202; Merchants' Protective Assoc, v, Jacobsen, 22 Ida. 636, 127
Pac. 315; Smith v. Hartsell, 150 N. C. 71, 63 S. E. 172, 22 L. R. A. (N. S.) 203; In re Evans, 42 Utah, 282, 130 Pac. 217; Gelo v. Pfister & Vogel Leather Co., 132 Wis. 575, 113 N. W. 69.
3 Wald's Pollock Contracts (3d ed.), 450; 4 Black Comm. 135, 136.