Page:Black's Law Dictionary (Second Edition).djvu/22

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ACCESSARY

from arrest. trial. conviction, or punishment, are accessaries. Pen. Code Dak. § 28.

An accessary after the fact is a person who, knowing a felony to have been committed by another, receives, relieves, comforts or assists the felon. in order to enable him to escape from punishment, or the like. 1 Russ. Crimes, 171: Sicph. 27; United States v. Hartwell, 26 Fed. (Ins. 196: Albritton v. State, 32 Fla. 358, 13 South. 955; State v. Davis, 14 R. 1. 281; People I‘. Sanborn, 14 N. Y. St. Rep. 123; Loyd v. State, 42 Ga. 221; Carroll v. State. 45 Ark. 545; Blakely v. State. 134 Tex. App. 616. 7 S. W. 233, 5 Ann. St. Rep. 912. '

Accessary before the fact. in criminal law. One who, being absent at the Lime a crime is committed. yet procures, counsels, or coininauds another to commit it; and. in this case, absence is necessary to constitute him an accessory for, if he be present at any time during the transaction, he is guilty of the crime as principal. Flow. 97. 1 Hale. P. C. (315, 616; 4 Steph. Comm. 90, note n.

An ac-.-essary before the fact is one who. being absent at the time of the crime com- mitted, doth yet procure, counsel, or com- mand another to commit a crime. Code Ga. 158?. § 4307: United States v. Hartwell, 26 Fed (1:15. 196; Grlfiith v. State. 90 Ala. 583, 8 South. 812; Spear v. Hiics, 67 Wis. 361. 30 N. W. 511: Com. v. Hollister, 157 Pa. 13, 27 At]. 386. 25 L. R. A. 349; Peopie v. Sanhorn, 14 N. Y. St. Rep. 123.

Accessary during the fact. One who stands by ulthout interfering or giving such help as may be in his power to prevent the commission of a criminal offense. Farrell v People. 8 Colo. App. 524, 46 Pac. 841.

ACCESSARY TO ADULTERY. A phrase used in the law of divorce, and de- rived from the criminal law. It implies more than coniiivance, which is merely lii.|U\\ ledge with consent. A connlver abstains from interference; an access:ir_v tlirectiy commands, advises, or procures ihc adultery. A hus- band or wife who has been accessory to the adultery of the other party to the mai-i-iii_i;e cannot. ohtain a divorce on the ground of

such adulteiy. 20 & 21 Vict. c. 85, §§ 29, 31. See Browne. Div. {{anchor+|.|ACCESSIO. in Roman law. An in-

crease or addition: that which lies nevt to a thing, and is supplementary and necessary to the principal thing; that which arises or is produced from the principal thing. Cai- vin. Lex. Jurid.

One of the modes of acquiring property. ‘being the extension of ownership over that which grows from, or is united to, an article which one already possesses. iliather v. Chapman. 40 Conn. 382. 397, 16 Am. Rep. 46.

{{anchor+|.|ACCESSION. The right to all which one's own property produces, whether that

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{{anchor+|.|ACCESSORY CON TRACT

property be movable or immovable; and the right to that winch is united to it by accession, either naturally or artificially. 2 Kent, 360; 2 Bl. Comm. 404.

A principle derived from the civil law, by which the owner of property becomes entitled to all whicii it produces, and to all that is added or united to it. eiiiier naturally or arti- ficially. (that is, by the labor or skill of an- other.) even where such addition extends to a change of form or materials; and by w ' h on the other hand, the possessor of ' becomes enfitled to it, as against the original owner, where the addition made to it by his skill and labor is of greater value than the 1')x'0pEl'i_V itself, or where the cliniige eifec-led in its form is so great as to render it impossible to restore it to its original shape. I-luriill. Bcits v. Lee. 5 Johns. (N. Y. 348. 4 Am. Dec. 368: Lainpton v. Preston. 1 . J. Miirsh. (i_{v.) 454. 19 Am. Dec 104; Eaton v. Munroe, 52 Me. G‘{;9 Puicifer v. Page. 3'}. Me. 404. 54 Am Dec. .i .

In international Law. The absolute or conditional acceptance by one or several states of a treaty already concluded between other sovereignties. Merl. Rcpert. Also the conmieiicement or inauguration of a sovereign's reign.

{{anchor+|.|ACCESSION, DEED OF. in Scotch law. A deed executed by the creditors of a bankrupt or insolvent debtor, by which they approve of a trust given by their debtor for the general belioof, and bind themselves to cmicnr in the plans proposed for extricating his attalrs. Bell. Diet.

Aecessox-iu.m nmi ducit, zed sequitur anum px-incipale. Co. Litt. 152. That which is the accessory or incident does not lead, but follows. its principal.

Accessoz-ius sequitur natiu-a.ni uni pr-incipalis. An accessary follows the nature of his principiil. 3 Inst. 139. One who is accessary to a crime cannot be guilty of a higher degree of crime than his pricnipal.

{{anchor+|.|ACCESSORY. Anything which is joined to another thing as an ornament, or to render it more perfect, or which accompanies it, or is connected with it as an incident, or as suiioi-ilinate to it, or which belongs to or with it.

In criminal law. An accessary. The latter speiiing is preferred. See that title.

{{anchor+|.|ACCESSORY ACTION. In Scorch practice. An action which is subservient or auxiliary to another. Of this kind are actions of “proving the tenor," by “l.ilCll lost deeds are restored; and actloiis of “trim- siinipts," by which copies of principal deeds are certified. Bell, Diet.

{{anchor+|.|ACCESSORY CONTRACT. In the civil iiiiv. A contract which is incident or auxiiiziry to another or pri_ncipal contract; such as the engagement of a surety. Poth Obi. pt. 1. c. 1, § 1, art 2.

A principal coniract is one entered into by