Legal Term Dictionary

Approach; or the means, power, or opportunity of approaching. Sometimes importing the occurrence of sexual intercourse; otherwise as importing opportunity of communication for that purpose as between husband and wife. In real property law, the term "access" denotes the right vested in the owner of land which adjoins a road More...

Approach; or the means, power, or opportunity of approaching. Sometimes importing the occurrence of sexual intercourse; otherwise as importing opportunity of communication for that purpose as between husband and wife. In real property law, the term "access" denotes the right vested in the owner of land which adjoins a road or other highway to go and return from his own land to the highway without obstruction. Chicago, etc., R. Co. v. Milwaukee, etc., R. Co., 95 Wis. 561, 70 N. W. B78, 37 L. R. A. 856, 60 Am. St Rep. 136; Ferguson v. Covington, etc.; R Co., 108 Ky. 662, 57 S. W. 460; Reining v. New York, etc., R. Co. (Super. Buff.) 13 N. Y. Supp. 238. Less...

In criminal law. Contributing to or aiding in the commission of a crime. One who, without being present at the commission of a felonious offense, becomes guilty of such offense, not as a chief actor, but as a participator, as by command, advice, instigation, or concealment; either before or after More...

In criminal law. Contributing to or aiding in the commission of a crime. One who, without being present at the commission of a felonious offense, becomes guilty of such offense, not as a chief actor, but as a participator, as by command, advice, instigation, or concealment; either before or after the fact or commission; a particeps criminis. 4 Bl. Comm. 35; Cowell. An accessary is one who is not the chief actor in the offense, nor present at its performance, but in some way concerned therein, either before or after the act committed, Code Ga. 1882, ft 4306. People v. Schwartz, 32 Cal. 160; FixmeT v. People, 153 111. 123, 38 N. E. 667: State v. Berger. 121 Iowa. 581. 96 N. W. 1094; People v. Ah Ping. 27 Cal. 489; United States v. Hartwell, 26 Fed. Cas. 198. Accessary after the fact. An accessary after the fact is a person who, having full knowledge that a crime has been committed, conceals it from the magistrate, and harbors, assists, or protects the person charged with, or convicted of, the crime. Code Ga. 1882, | 4308; Pen. Code Cal. S 32. All persons who, after the commission of any felony, conceal or aid the offender, with knowledge that he has committed a felony, and. with intent that he may avoid or escape 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; Steph. 27; United States v. Hartwell, 26 Fed. Cas. 196; Albritton v. State, 32 Fla. 358, 13 South. 955; State v. Davis, 14 R. I. 281; People v. Sanborn, 14 N. Y. St. Rep. 123; Loyd v. State, 42 Ga. 221; Carroll v. State, 45 Ark. 545; Blakely v. State, 24 Tex. App. 616, 7 S. W. 233, 5 Am. 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 accessary, for, if he be present at any time during the transaction, he is guilty of the crime as principal. Plow. 97. 1 Hale, P. C. 615, 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. 1882, § 4307; United States v. Hartwell, 26 Fed. Cas. 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. Less...

A phrase used in the law of divorce, and derived 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 accessary to the adultery More...

A phrase used in the law of divorce, and derived 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 accessary 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, fi§ 29, 31. See Browne, Div. Less...

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 More...

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. Less...

The right to all which one's own property produces, whether that property be movable or immovable; and the right to that which 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 More...

The right to all which one's own property produces, whether that property be movable or immovable; and the right to that which 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. Less...

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, Dict. Acoessorium non dncit, sed seqnitnr More...

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, Dict. Acoessorium non dncit, sed seqnitnr snnm principals Co. Litt 152. That which is the accessory or incident does not lead, but follows, its principal. Accessorial seqnitnr natnram sni 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. Less...

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. More...

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. Less...

In Scotch 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.

In Scotch 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. Less...

In the civil law. A contract which is incident or auxiliary to another or principal contract; such as the engagement of a surety. Poth. Obi. pt. 1, o. 1, ft 1, art 2. A principal contract is one entered into by both parties on their own accounts, or in the More...

In the civil law. A contract which is incident or auxiliary to another or principal contract; such as the engagement of a surety. Poth. Obi. pt. 1, o. 1, ft 1, art 2. A principal contract is one entered into by both parties on their own accounts, or in the several qualities they assume. An accessory contract is made for assuring the performance of a prior contract, either by the same parties or by others; such as suretyship, mortgage, and pledge. Civil Code La. art. 1771. Less...

In the civil law. An obligation which is incident to another or principal obligation; the obligation of a surety. Poth. Obl. pt. 2, c. 1, | 6. In Scotch Law. Obligations to antecedent or primary obligations, such as obligations to pay interest, etc. Ersk. Inst lib. 3, tit 8, § More...

In the civil law. An obligation which is incident to another or principal obligation; the obligation of a surety. Poth. Obl. pt. 2, c. 1, | 6. In Scotch Law. Obligations to antecedent or primary obligations, such as obligations to pay interest, etc. Ersk. Inst lib. 3, tit 8, § 60. Less...