Upkeep as an offense
There may be — 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 among the first in-person occasions of the genealogical world because the pandemic started in 2020.
The Authorized Genealogist will probably 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 Residence); Margaret’s Mom: Utilizing DNA to Remedy a Thriller (a BCG Skillbuilding session); What’s in a Identify: Identify Modifications and the Legislation; and Linking Generations: Utilizing Courtroom and Land Information.
And, after all, which means this week and subsequent will probably be … ahem … a bit busy.
So… when time permits … snippets.
Like this one, based mostly on a reader query.
“I all the time 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 nasty factor?”
And the reply is that upkeep might be good or dangerous. As a result of the phrase has two very completely different meanings within the regulation.
The nice which means, after all, is “Sustenance; assist; help. The furnishing by one individual to a different, for his assist, 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 assist the opposite, as between father and baby, or husband and spouse.”
However — oh yeah — there’s a complete ‘nother which means that’s not good in any respect:
In prison regulation. An unauthorized and officious interference in a go well with wherein the offender has no curiosity, to help one of many events to it, towards 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 embody every kind of help 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 occasion, nor to counsel or attorneys, for his or her acts usually are 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 assist? Good. Upkeep for mischief? Dangerous.
To not point out a enjoyable type of crime to analysis…
Cite/hyperlink to this publish: Judy G. Russell, “It’s against the law,” The Authorized Genealogist (https://www.legalgenealogist.com/weblog : posted 16 Could 2022 ).