KFLCC Kingdom Law 2nd Ed.

ACCOMMODATION

AOOKSSORT OBLIGATION

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both parties on their own accounts, or in the several qualities they assume. An accessory contract is made for assuring the perform ance 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. 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. Burkhard v. Travelers' Ins. Co., 102 Pa. 262, 48 Am. Rep. 205; iEtna L. Ins. Co. v. Vandecar, 86 Fed. 282, 30 C. C. A. 48; Carnes v. Iowa Traveling Men's Ass'n, 106 Iowa, 281, 76 N. W. 683, 68 Am. St. Rep. 306; Atlanta Ace. Ass'n v. Alexander, 104 Ga. 709, 30 S. E. 939. 42 L. R. A. 188; Crutchfield v. Richmond & D. R. Co., 76 N. O. 320; Dozier v. Fidelity & Casualty Co. (O. C.) 46. Fed. 446, 13 L. R. A. il4; Fidelity & Casualty Co. v. John son, 72 Miss. 333, 17 South. 2, 30 L. R. A. 206. In its proper use the term excludes negli gence; that is, an accident is an event which occurs without the fault, carelessness, or want of proper circumspection of the person affected, or which could not have been avoided by the use of that kind and degree of care necessary to the exigency and in the circumstances in which he was placed. Brown v. Kendall, 6 Cush. (Mass.) 292; United States v. Boyd (C. C.) 45 Fed. 851; Armijo v. Abeytia, 6 N. M. 533, 25 Pac 777; St. Louis, etc, R. Co. v. Barnett, 65 Ark. 255, 45 S. W. 550; Aurora Branch R. Co. v. Grimes, 13 111. 585. But see Schneider v. Provident L. Ins. Co., 24 Wis. 28, 1 Am. Rep. 157. In equity practice. Such an unforeseen event, misfortune, loss, act, or omission as is not the result of any negligence or mis conduct 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, productive of disadvantage. Wharton. An accident relievable 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. And see Bostwick v. Stiles, 35 Conn. 195; Kopper v. Dyer, 59 Vt 477, 9 Atl. 4, 59 Am. Rep. 742; Magann ACCIDENT.

v. Segal, 92 Fed. 252, 34 C. C. A. 323; Buckl, etc., Lumber Co. v. Atlantic Lumber Co., 11(3 Fed. 1, 53 C C. A. 513; Zimmerer v. Fre mont Nat Bank, 59 Neb. 661, 81 N. W. 849; Pickering v. Cassidy, 93 Me. 139, 44 Atl. 683. In maritime law and marine insur ance. "Accidents of navigation" or "acci dents of the sea" are such as are peculiar to the sea or to usual navigation or the ac tion of the elements, which do not happen by the intervention of man, and are not to be avoided by the exercise of proper prudence, foresight, and skill. The Miletus, 17 Fed. Gas. 288; The G. R. Booth, 171 U. S. 450, 19 Sup. Ct 9, 43 L. Ed. 234; The Carlotta, 5 Fed. Cas. 76; Bazin v. Steamship Co., 2 Fed. Cas. 1,097. See also PERILS OF THE SEA. ACCIDEBE. Lat. To fall; fall in; come to hand; happen. Judgment is sometimes given against an executor or administrator to be satisfied out of assets quando acci derint; i. e., when they shall come to hand. ACCION. In Spanish law. A right of action; also the method of judicial pro cedure for the recovery of property or a debt. Escriche, Die. Leg. 49. Accipere quid ut justitiam facias, non est tam accipere quam extorquere. To accept anything as a reward for doing jus tice is rather extorting than accepting. Lofft, 72. ACCIPITARE. To pay relief to lords of manors. Capital* 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 owner of the property gives the master power to dispose of it; and the contract of partner ship, in virtue of which the profits are to be di vided between them. One party runs the risk of losing his capital; the other, his labor. If the sale produces no more than first cost, the owner takes all the proceeds. It is only the profits which are to be divided. Emerig. Mar. Loans, § 5. ACCOMMODATION. An arrangement or engagement made as a favor to another, not upon a consideration received; some-