which is necessary to be given by other holders. 8 Pick. 1, 79; 1 Pet. R. 262. Such acceptor is not liable, unless demand of payment is made on the drawee, and notice of his refusal given. 3 Wend. 491.

the crime was committed, will be considered, not an accessary, for none can be accessary to the acts of a madman, but a principal in the first degree. Fost. 340; 1 P. C. 118. An accessary after the fact, is one who knowing a felony to have been committed, receives, relieves, comforts, or assists the felon. 4 Bl. Com. 37. No one who is a principal (q. v.) can be an accessary. In certain crimes, there can be no accessaries, all who are concerned are principals whether they were present or absent at the time of their commission. These are treason, and all offences below the degree of felony. 1 Russ. 21, et seq.; 4 Bl. Com. 35 to 40; 1 Hale, P. C. 615; 1 Vin. Abr. 113; Hawk. P. C. b. 2, c. 29, s. 16; such is the English Law. But whether it is law in the United States appears not to be determined as regards the cases of persons assisting traitors. Serg. Const. Law, 382; 4 Cranch, R. 472, 501; United States v. Fries, Pamphl. 199.

ACCESS, persons, the means or power of approaching. Sometimes by access is understood sexual intercourse; at other times the opportunity of communicating together so that sexual intercourse may have taken place is also called access. 1 Turn. & R. 141. In this sense a man who can readily be in company with his wife, is said to have access to her; and in that case her issue are presumed to be his issue. But this presumption may be rebutted by positive evidence that no sexual intercourse took place. Ib. Pa rents are not allowed to prove nonaccess for the purpose of bastardizing the issue of the wife; nor will their declarations after their deaths be received to prove the want of access, with a like intent. 1 P. A. Bro. R. App. xlviii.; Rep. tem. Hard. 79; Bull. N. P. 113; Cowp. R. 592; 8 East, R. 203; 11 East, R. 133. 2 Munf. R. 242; 3 Munf. R. 599; 7 N. S. 553; 4 Hayw. R. 221; 3 Hawks, R. 623; 1 Ashm. R. 269; 6 Binn. R. 283; 3 Paige's R. 139. See Shelf. on Mar. & Div. 711; and Paternity. ACCESSARY, criminal law. He who is not the chief actor in the perpetration of the offence, nor present at its performance, but is some way concerned therein, either before or after the fact committed. An acces-bles, the pregnancy of animals; sary before the fact, is one who being absent at the time of the crime committed, yet procures, counsels, or commands another to commit it. 1 Hale, P. C. 615. It is proper to observe that when the act is committed through the agency of a person who has no legal discretion nor a will, as in the case of a child or an insane person, the incitor, though absent when

ACCESSION. The ownership of a thing, whether it be real or personal, moveable or immoveable, carries with it the right to all that the thing produces, and to all that becomes united to it, either naturally or artificially; this is called the right of accession. 1. The doctrine of property arising from accession, is grounded on the right of occupancy. 2. The original owner of any thing which receives an accession by natural or artificial means, as by the growth of vegeta

Louis. Code, art. 491; the embroidering of cloth, or the conversion of wood or metal into vessels or utensils, is entitled to his right of possession to the property of it, under such its state of improvement; 5 H.7,15; 12 H. 8, 10; Bro. Ab. Propertie, 23; Moor, 20; Poph. 38. But the owner must be able to prove the identity of the original materials, for,

if wine, oil, or bread, be made out of | 1 Fonb. Eq. 374, 5, note. It fre another man's grapes, olives, or wheat, they belong to the new operator, who is bound to make satisfaction to the former proprietor for the materials which he has so converted.

quently happens that a lessee covenants to repair, in which case he is bound to do so, although the premises be burned down without his fault. 1 Hill Ab. c. 15, s. 75. But if a penalty

2 Bl. Com. 404. See Adjunction. | be annexed to the covenant, inevitaConfusion of Goods.

See Generally, Louis. Code, tit. 2, c. 2 and 3.

ACCESSORY, property. Every thing which is joined to another thing, as an ornament, or to render it more perfect, is an accessory, and belongs to the owner of the principal | thing. For example, the halter of a horse, the frame of a picture, the keys of a house, and the like; but a bequest of a house would not carry the furniture in it, as accessory to it. Domat, Lois Civ. Part. 2, liv. 4, tit. 2, s. 4; n. 1. Accessorium non ducit, sed sequitur principale. Co. | Litt. 152, a. Co. Litt. 121, b, note (6); Vide Accession. Adjunction. Appendant. Appurtenances. Appurtenant. Incident.

ACCESSORY CONTRACT, is one made for assuring the performance of a prior contract, either by the same parties or by others; such as suretyship, mortgages, and pledges. It is a general rule, that payment of the debt due, or the performance of a thing required to be performed by the first or principal contract, is a full discharge of such accessory obligation. Poth. Ob. part. 1, c. 1, s. 1, art. 2, n. 14. Id. n. 182, 186.

ACCIDENT. The happening of an event without the concurrence of the will of the person by whose agency it was caused; or the happening of an event without any human agency; the burning of a house in consequence of a fire being made for the ordinary purpose of cooking or warming the house, which is an accident of the first kind; the burning of the same house by lightening would have been an accident of the second kind.

ble accident will excuse the former, though not the latter. 1 Dyer, 33, a. Neither the landlord nor the tenant is bound to rebuild a house burned down, unless it has been so expressly agreed. Amb. 619; 1 T. R. 708; 4 Paige, R. 355; 6 Mass. R. 67; 4 MCord, R. 431 ; 3 Kent, Com. 373. In New Jersey, by statute, no action lies against any person on the ground that a fire began in a house or room occupied by him, if accidental. But this does not affect any covenant. 1 N. J. Rev. C. 210.

ACCIDENT, practice. This term in chancery practice, signifies such unforeseen events, misfortunes, losses, acts or omissions, as are not the result of any negligence or misconduct in the party. Francis's Max. M. 120, p. 87; 1 Story on Eq. §78. Jeremy defines it as used in courts of equity, to be "an occurrence in relation to a contract, which was not anticipated by the parties, when the same was entered into, and which gives an undue advantage to one of them over the other in a court of law." Jer. on Eq. 358. This definition is objected to, because as accidents may arise in relation to other things besides contracts, it is inaccurate in confining accidents to contracts; besides it does not exclude cases of unanticipated occurrences, resulting from the negligence or misconduct of the party seeking relief. 1 Story on Eq. § 78, note 1. In general, courts of equity will relieve a party who cannot obtain justice in consequence of an accident which will justify the interposition of a court of equity. The jurisdiction being concurrent, will be maintained only, first, when a court of law can

trustee, of the estate confided to him. Every one who administers the affairs of another is required at the end of his administration to render an account of his management of the same. Trustees of every description can generally be compelled through the courts of chancery, and where there are no courts of chancery, as Pennsylvania, the courts of common pleas possess this equitable power. When a party has had the property of another as his agent, he may be compelled in some states to account by an action of account render. An account is also the statement of two merchants or others who have dealt together, showing the debits and credits between them.

ACCOUNT-BOOK. Vide Books; Entry; Original entry.

483, the action must be brought against husband and wife. Drue v. Thorne, Aleyn, 72. A plaintiff cannot recover against a defendant upon an account stated by him, partly as administrator and partly in his own private capacity. Herrenden v. Palmer, Hob. 88. Persons wanting a legal capacity to make a contract cannot, in general, state an account; as infants, Truman v. Hurst, 1 T. R. 40; and persons non compos mentis.

A plaintiff may recover on an account stated with the defendant, including debts due from the defendant alone, and from the defendant and a deceased partner jointly. Richards v. Heather, 1 B. & A. 29, and see Peake's Ev. 257. A settlement between partners and striking a balance will enable the plaintiff to maintain an action on such stated account for the balance due him, Ozeas v. Johnson, 4 Dall. 434; S. C. 1 Binn. 191 ; S. P. Andrews v. Allen, 9 S. & R. 241; and see Lamalere v. Caze, 1 W. C. C. R. 435.

2. It is sufficient although the account be stated of that which is due to the plaintiff only, without making any deduction for any counter-claim for the defendant, Styart v. Rowland,

ACCOUNT IN BANK, com. law. 1. A fund which merchants, traders and others have deposited into the common cash of some bank, to be drawn out by checks from time to time as the owner or depositor may require.-2. The statement of the amount deposited and drawn, which is kept in duplicate, one in the depositor's bank book, and the other in the books of the bank. ACCOUNT STATED. The set-1 Show. 215. It is not essential that tlement of an account between the parties, by which a balance is struck in favour of one of them, is called an account stated. An acknowledgment of a single item of debt due from the defendant to the plaintiff, is sufficient to support a count on an account stated. 13 East, 249; 5 M. & S. 65. It is proposed to consider, 1st, By whom an account may be stated; 2, The manner of stating the account; 3, The declaration upon such an account; 4, The evidence.

1. An account may be stated by a man and his wife of the one part and another person; and unless there is an express promise to pay by the husband, Foster v. Allanson, 2 T. R.

there should be cross demands between the parties, or that the defen dant's acknowledgment that a certain sum was due from him to the plaintiff should relate to more than a single debt or transaction. 5 Maule & Selw, 65; Knowles et al. v. Michel et al. 13 East, 249. The acknowledgment by the defendant that a certain sum is due, creates an implied promise to pay the amount. Milward v. Ingraham, 2 Mod. 44; Foster v. Allanson, 2 T. R. 480.

3. A count on an account stated is almost invariably inserted in declarations in assumpsit for the recovery of a pecuniary demand. See form 1 Chit. Pl. 336. It is advisable, gene