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It’s a criminal offense | The Authorized Genealogist

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Upkeep as an offense

There’s — ulp!! — only one week to go earlier than the forty fourth annual convention of the Nationwide Genealogical Society begins in Sacramento, California.

Themed Our American Mosaic, this convention will draw audio system, exhibitors and attendees from throughout — and is without doubt one of the first in-person occasions of the genealogical world for the reason that pandemic started in 2020.

The Authorized Genealogist will likely be there, giving 4 shows: Las Leyes de California: Spanish Colonial Legal guidelines and the Information They Produced (each in individual and On-line at Dwelling); Margaret’s Mom: Utilizing DNA to Resolve a Thriller (a BCG Skillbuilding session); What’s in a Title: Title Adjustments and the Legislation; and Linking Generations: Utilizing Courtroom and Land Information.

And, in fact, which means this week and subsequent will likely be … ahem … a bit busy.

So… when time permits … snippets.

Like this one, primarily based on a reader query.

“I at all times thought upkeep was one thing good,” reader John wrote. “Like, you supplied upkeep to a widow or orphan. However I got here throughout a court docket document the place somebody was being charged with upkeep. How can upkeep be a foul factor?”

Good query.

And the reply is that upkeep could be good or unhealthy. As a result of the phrase has two very completely different meanings within the legislation.

The great which means, in fact, is “Sustenance; help; help. The furnishing by one individual to a different, for his help, of the technique of residing, or meals, clothes, shelter, and many others., significantly the place the authorized relation of the events is such that one is certain to help the opposite, as between father and little one, or husband and spouse.”

However — oh yeah — there’s a complete ‘nother which means that’s not good in any respect:

In prison legislation. An unauthorized and officious interference in a go well with wherein the offender has no curiosity, to help one of many events to it, in opposition to the opposite, with cash or recommendation to prosecute or defend the motion. …

Upkeep is the place one officiously intermeddles in a go well with which by no means belongs to him. The time period doesn’t embrace all types of support within the prosecution or protection of one other’s trigger. It doesn’t prolong to individuals having an curiosity within the factor in controversy, nor to individuals of kin or affinity to both social gathering, nor to counsel or attorneys, for his or her acts should not officious, nor illegal.

In different phrases, it’s the “intermeddling of a stranger in a go well with, for the aim of stirring up strife and persevering with litigation.”

Backside line: upkeep for help? Good. Upkeep for mischief? Unhealthy.

To not point out a enjoyable sort of crime to analysis…


Cite/hyperlink to this publish: Judy G. Russell, “It’s a criminal offense,” The Authorized Genealogist (https://www.legalgenealogist.com/weblog : posted 16 Might 2022 ).

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