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 time a crime is committed. yet procures, counsels, or commands 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 accessary before the fact is one who, being absent at the time of the crime committed, doth yet procure, counsel, or command another to commit a crime. Code Ga. 158?. § 4307: United States v. Hartwell, 26 Fed (1:15. 196; Griffith v. State. 90 Ala. 583, 8 South. 812; Spear v. Hiles, 67 Wis. 361. 30 N. W. 511: Com. v. Hollister, 157 Pa. 13, 27 Atl. 386. 25 L. R. A. 349; People v. Sanborn, 14 N. Y. St. Rep. 123.
Accessary during the fact. One who stands by without 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 connivance, which is merely knowledge with consent. A conniver abstains from interference; an accessary directly commands, advises, or procures the adultery. A husband or wife who has been accessory to the adultery of the other party to the marriage cannot obtain a divorce on the ground of such adultery. 20 & 21 Vict. c. 85, §§ 29, 31. See Browne. Div.
ACCESSIO. in Roman law. An increase or addition: that which lies next to a thing, and is supplementary and necessary to the principal thing; that which arises or is produced from the principal thing. Calvin. 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. Mather v. Chapman. 40 Conn. 382. 397, 16 Am. Rep. 46.
ACCESSION. The right to all which one's own property produces, whether that 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 which it produces, and to all that is added or united to it. either naturally or artificially. (that is, by the labor or skill of another.) even where such addition extends to a change of form or materials; and by which on the other hand, the possessor of property becomes entitled to it, as against the original owner, where the addition made to it by his skill and labor is of greater value than the property itself, or where the change effected in its form is so great as to render it impossible to restore it to its original shape. Burrill. Betts v. Lee. 5 Johns. (N. Y. 348. 4 Am. Dec. 368: Lampton v. Preston. 1 J. J. Marsh. (Ky.) 454, 19 Am. Dec 104; Eaton v. Munroe, 52 Me. 63; Pulcifer v. Page. 32 Me. 404, 54 Am Dec. 582.
In international Law. The absolute or conditional acceptance by one or several states of a treaty already concluded between other sovereignties. Merl. Repert. Also the commencement or inauguration of a sovereign's reign.
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 behoof, and bind themselves to concur in the plans proposed for extricating his affairs. Bell. Diet.
Accessorium non ducit, sed sequitur snum principale. Co. Litt. 152. That which is the accessory or incident does not lead, but follows. its principal.
Accessoius sequitur naturam sui principalis. An accessary follows the nature of his principal. 3 Inst. 139. One who is accessary to a crime cannot be guilty of a higher degree of crime than his principal.
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 subordinate to it, or which belongs to or with it.
In criminal law. An accessary. The latter spelling is preferred. See that title.
ACCESSORY ACTION. In Scorch practice. An action which is subservient or auxiliary to another. Of this kind are actions of "proving the tenor," by which lost deeds are restored; and actions of "transumpts," by which copies of principal deeds are certified. Bell, Dict.
ACCESSORY CONTRACT. In the civil law. A contract which is incident or auxilliary to another or principal contract; such as the engagement of a surety. Poth Obi. pt. 1. c. 1, § 1, art 2.
A principal contract is one entered into by
