Blacks Law Dict. 1st ed

15

ACCESSORIUM

ACCOMENDA

Accessorium non ducit, sed sequitur Buum principals. Co. Litt. 152. That which is the accessory or incident does not lead, but follows, its principal. Accessorius sequitur naturam sui principals. An accessary follows the nat ure of his principal. 3lnst. 139. One who is accessaiy 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 ren der 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 lat ter spelling is preferred. See that title. ACCESSORY ACTION. In Scotch practice. An action which is subservient or auxiliary to another. Of this kind are ac tions of "proving the tenor," by which lost deeds are restored; and actions of "tran sumpts," by which copies of principal deeds are certified. Bell, Diet. ACCESSORY CONTRACT. 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, c. 1, § 1, art. 2. A piincipal 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. ACCESSORY OBLIGATION. In the civil law. An obligation which is incident to another or principal obligation; the obli gation of a surety. Poth Obi. pt. 2, c. 1, § 6. In Scotch, law. Obligations to anteced ent or primary obligations, such as obliga tions to pay interest, etc. Ersk. Inst. lib. 3, tit. 3, § 60. ACCIDENT. An unforeseen event, oc curring without the will or design of the person whose mere act causes it; an unex pected, unusual, or undesigned occurrence; the effect of an unknown cause, or, the cause being known, an unprecedented consequence of it; a casualty. There is nothing in the definition of the word "accident" that excludes the negligence of the injured party as one of the elements con tributing to produce the result. A very large

proportion of those events which are univers ally called "accidents" happen through some carelessness of the party injured, which con tributes to produce them. Thus, men are in jured by the careless use of fire-arms, of ex plosive substances, of machinery, the careless management of horses, and in a thousand ways, where it can readily be seen afterwards that a little greater care on their part would have prevented it. Yet such injuries, having been unexpected, and not caused intentionally or by design, are always called "accidents," and properly so. 24 Wis. 28. In equity practice. Such an unforeseen event, misfortune, loss, act, or omission as is not the result of any negligence or misconduct in the party. Fran. Max. 87; Story, Eq. Jur. §78. The meaning to be attached to the word "accident," in relation to equitable relief, is any unforeseen and undesigned event, pro ductive of disadvantage. Whaiton. An accident rehevable in equity is such an occurrence, not the result of negligence or misconduct of the party seeking relief in re lation to a contract, as was not anticipated by the parties when the same was entered into, and which gives an undue advantage to one of them over another in a court of law. Code Ga. 1882, § 3112. Accipere quid ut justitiam facias, non est tarn accipere quam extorquere. To accept anything as a reward fordoing justice is rather extorting than accepting. Lofft, 72. ACCIPITARE. To pay relief to lords of manors. Capitali domino accipitare, i. e., to pay a relief, homage, or obedience to the chief lord on becoming his vassal. Fleta, lib. 2, c. 50. ACCOLA. In the civil law. One who inhabits or occupies land near a place, as one who dwells by a river, or on the bank of a river. Dig. 43, 13, 3, 6. In feudal law. A husbandman; an agri cultural tenant; a tenant of a manor. Spel man. A name given to a class of villeins in Italy. Barr. St. 302. ACCOMENDA. In maritime law. A contract between the owner of goods and the master of a ship, by which the former in trusts the property to the latter to be sold by him on their joint account. In such case, two contracts take place: First, the contract called mandatum. by which the own er of the property gives the master power to dis pose of it; and the contract of partnership, in virtue of which the profits are to be divided be

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