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    DROIT D'ACCESSION defined: French civil law. Specificatio. That property which is acquired by making a new species out of the material of another. Modus acquirendi quo quis ex aliena materia suo nomine novam speciem faciens bona fide ejus speciei dominium consequitur. It is a rule of the civil law, that if the thing can be reduced to the former matter, it belongs to the owner of the matter, e. g. a statue made of gold, but if it cannot so be reduced, it belongs to the person who made it, e. g. a statue made of marble. This subject is treated of in the Code Civil de Napoleon, art. 565 to 577; Merlin Repertoire de Jurisp. Accession; Malleville's Discussion, art. 565. The Code Napoleon follows. closely the Inst. of Just. lib. 2, tit. 1, Sec. 25, 28. 2. Doddridge, in his English Lawyer, 125-6, states the common law thus: "If a man take, wrongfully, the material which was mine and is permanent, not adding anything thereunto than the form, only by alteration thereof, such thing, so newly formed by an exterior form, notwithstanding, still remaineth mine, and may be seized again by me, and I may take it out of his possession as mine own. But they say, if he add some other matter thereunto; as, of another man's leather doth make shoes or boots, or of my cloth, maketh garments, adding to the accomplishment thereof of his own, he hath thereby altered the property, so that the first owner cannot seize the thing so composed, but is driven to his action to recover his remedy: howbeit, he adds, in a case of that nature depending, the court had determined that the first owner might seize the same, notwithstanding such addition. But if the thing be transitory in its nature by the change, as if one take ray corn or meal, and thereof make bread, I cannot, in that case, seize the bread, because, as the civil law speaketh, haec species facta ex materia aliens, in pristinam formam reduci non potest, ergo ei a quo est facta cedit. So some have said, if a man take my barley, and thereof make malt, because it is changed into another nature, it cannot be seized by me; but the rule is: That where the material wrongfully taken away, could not at first, before any alteration, be seized; for that it could not be distinguished from other things of that kind, as corn, money, and such like; there those things cannot be seized because the property of those things cannot be: distinguished: for, if my money be wrongfully taken away, and he that taketh it do make plate; thereof, or do convert my plate into money, I cannot seize the same for that money is undistinguishable from other money of that coin. But, if a butcher take wrongfully my ox and doth kill it, and bring it into the market to be sold, I may not seize upon the flesh, for it: cannot be known from others of that, kind; but if it be found hanging in the skin, where the mark may appear, I may seize the same, although when it was taken from me it had life, and now is dead. So, if a man cut down my tree, and square it into a beam of timber, I may seize the same, for he bath neither altered the nature thereof, nor added anything but exterior form thereunto; but if he lay the beam of timber into the building of a house, I may not seize the same, for being so set it is become parcel of the house, and so in supposition of law, after a sort, altered in its nature. See Year Book 12 H. VIII. 9 b, 10 a; Bro. Ab. Property, 45; 5 H. VII. 15; Bro. Ab. Property, 23. A Law Dictionary Adapted To The Constitution and Laws of the United States of America and of the Several States of the American Union by John Bouvier Revised Sixth Edition, 1856

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    DROIT D'ACCESSION defined: French civil law. Specificatio. That property which is acquired by making a new species out of the material of another. Modus acquirendi quo quis ex aliena materia suo nomine novam speciem faciens bona fide ejus speciei dominium consequitur. It is a rule of the civil law, that if the thing can be reduced to the former matter, it belongs to the owner of the matter, e. g. a statue made of gold, but if it cannot so be reduced, it belongs to the person who made it, e. g. a statue made of marble. This subject is treated of in the Code Civil de Napoleon, art. 565 to 577; Merlin Repertoire de Jurisp. Accession; Malleville's Discussion, art. 565. The Code Napoleon follows. closely the Inst. of Just. lib. 2, tit. 1, Sec. 25, 28. 2. Doddridge, in his English Lawyer, 125-6, states the common law thus: "If a man take, wrongfully, the material which was mine and is permanent, not adding anything thereunto than the form, only by alteration thereof, such thing, so newly formed by an exterior form, notwithstanding, still remaineth mine, and may be seized again by me, and I may take it out of his possession as mine own. But they say, if he add some other matter thereunto; as, of another man's leather doth make shoes or boots, or of my cloth, maketh garments, adding to the accomplishment thereof of his own, he hath thereby altered the property, so that the first owner cannot seize the thing so composed, but is driven to his action to recover his remedy: howbeit, he adds, in a case of that nature depending, the court had determined that the first owner might seize the same, notwithstanding such addition. But if the thing be transitory in its nature by the change, as if one take ray corn or meal, and thereof make bread, I cannot, in that case, seize the bread, because, as the civil law speaketh, haec species facta ex materia aliens, in pristinam formam reduci non potest, ergo ei a quo est facta cedit. So some have said, if a man take my barley, and thereof make malt, because it is changed into another nature, it cannot be seized by me; but the rule is: That where the material wrongfully taken away, could not at first, before any alteration, be seized; for that it could not be distinguished from other things of that kind, as corn, money, and such like; there those things cannot be seized because the property of those things cannot be: distinguished: for, if my money be wrongfully taken away, and he that taketh it do make plate; thereof, or do convert my plate into money, I cannot seize the same for that money is undistinguishable from other money of that coin. But, if a butcher take wrongfully my ox and doth kill it, and bring it into the market to be sold, I may not seize upon the flesh, for it: cannot be known from others of that, kind; but if it be found hanging in the skin, where the mark may appear, I may seize the same, although when it was taken from me it had life, and now is dead. So, if a man cut down my tree, and square it into a beam of timber, I may seize the same, for he bath neither altered the nature thereof, nor added anything but exterior form thereunto; but if he lay the beam of timber into the building of a house, I may not seize the same, for being so set it is become parcel of the house, and so in supposition of law, after a sort, altered in its nature. See Year Book 12 H. VIII. 9 b, 10 a; Bro. Ab. Property, 45; 5 H. VII. 15; Bro. Ab. Property, 23. A Law Dictionary Adapted To The Constitution and Laws of the United States of America and of the Several States of the American Union by John Bouvier Revised Sixth Edition, 1856

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    Real Principal With Interest (Real Party in Interest) - Droit Droit

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    in1or
    DROIT D'ACCESSION defined: French civil law. Specificatio. That property which is acquired by making a new species out of the material of another. Modus acquirendi quo quis ex aliena materia suo nomine novam speciem faciens bona fide ejus speciei dominium consequitur. It is a rule of the civil law, that if the thing can be reduced to the former matter, it belongs to the owner of the matter, e. g. a statue made of gold, but if it cannot so be reduced, it belongs to the person who made it, e. g. a statue made of marble. This subject is treated of in the Code Civil de Napoleon, art. 565 to 577; Merlin Repertoire de Jurisp. Accession; Malleville's Discussion, art. 565. The Code Napoleon follows. closely the Inst. of Just. lib. 2, tit. 1, Sec. 25, 28. 2. Doddridge, in his English Lawyer, 125-6, states the common law thus: "If a man take, wrongfully, the material which was mine and is permanent, not adding anything thereunto than the form, only by alteration thereof, such thing, so newly formed by an exterior form, notwithstanding, still remaineth mine, and may be seized again by me, and I may take it out of his possession as mine own. But they say, if he add some other matter thereunto; as, of another man's leather doth make shoes or boots, or of my cloth, maketh garments, adding to the accomplishment thereof of his own, he hath thereby altered the property, so that the first owner cannot seize the thing so composed, but is driven to his action to recover his remedy: howbeit, he adds, in a case of that nature depending, the court had determined that the first owner might seize the same, notwithstanding such addition. But if the thing be transitory in its nature by the change, as if one take ray corn or meal, and thereof make bread, I cannot, in that case, seize the bread, because, as the civil law speaketh, haec species facta ex materia aliens, in pristinam formam reduci non potest, ergo ei a quo est facta cedit. So some have said, if a man take my barley, and thereof make malt, because it is changed into another nature, it cannot be seized by me; but the rule is: That where the material wrongfully taken away, could not at first, before any alteration, be seized; for that it could not be distinguished from other things of that kind, as corn, money, and such like; there those things cannot be seized because the property of those things cannot be: distinguished: for, if my money be wrongfully taken away, and he that taketh it do make plate; thereof, or do convert my plate into money, I cannot seize the same for that money is undistinguishable from other money of that coin. But, if a butcher take wrongfully my ox and doth kill it, and bring it into the market to be sold, I may not seize upon the flesh, for it: cannot be known from others of that, kind; but if it be found hanging in the skin, where the mark may appear, I may seize the same, although when it was taken from me it had life, and now is dead. So, if a man cut down my tree, and square it into a beam of timber, I may seize the same, for he bath neither altered the nature thereof, nor added anything but exterior form thereunto; but if he lay the beam of timber into the building of a house, I may not seize the same, for being so set it is become parcel of the house, and so in supposition of law, after a sort, altered in its nature. See Year Book 12 H. VIII. 9 b, 10 a; Bro. Ab. Property, 45; 5 H. VII. 15; Bro. Ab. Property, 23. A Law Dictionary Adapted To The Constitution and Laws of the United States of America and of the Several States of the American Union by John Bouvier Revised Sixth Edition, 1856

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    Real Principal With Interest - Droit Droit

    PRINCIPAL defined: contracts. One who, being competent to contract, and


    who is sui juris, employs another to do any act for his own benefit, or
    on his own account. 2. As a general rule, it may be said, that every
    person, sui juris, is capable of being a principal, for in all cases
    where a man has power as owner, or in his own right to do anything, he
    may do it by another. 16 John. 86; 9 Co. 75; Com. Dig. Attorney, C 1;
    Heinec. ad Pand. P. 1, lib. 3, tit. Sec. 424. 3. Married women, and
    persons who are deprived of understanding, as idiots, lunatics, and
    others, not sui juris, are wholly incapable of entering into any
    contract, and, consequently, cannot appoint an agent. Infants and
    married women are generally, incapable but, under special
    circumstances, they may make such appointments. For instance, an infant
    may make an attorney, when it is for his benefit; but lie cannot enter
    into any contract, which is to his prejudice. Com. Dig. Enfant, C 2;
    Perk. 13; 9 Co. 75; 3 Burr. 1804. A married woman cannot, in general,
    appoint an agent or attorney, and when it is requisite that one should
    be appointed, the husband generally appoints for both. Perhaps for her
    separate property she may, with her husband, appoint an agent or
    attorney; Cro. Car. 165,; 2 Leon. 200; 2 Bulst. R. 13; but this seems
    to be doubted. Cro. Jac. 617; Yelv. 1; 1 Brownl. 134; 2 Brownl. 248;
    Adams' Ej. 174; Runn. Ej. 148. 4. A principal has rights which he can
    enforce, and is liable to obligations which he must perform. These will
    be briefly considered: 1. The rights to which principals are entitled
    arise from obligations due to them by their agents, or by third
    persons. 5.-1st. The rights against their agents, are, 1. To call them
    to an account at all times, in relation to the business of their
    agency. 2. When the agent violates his obligations to his principal,
    either by exceeding his authority, or by positive misconduct, or by
    mere negligence or omissions in the discharge of the functions of his
    agency, or in any other manner, and any loss or damage falls on his
    principal, the latter will be entitled to full indemnity. Paley on Ag.
    by Lloyd, 7, 71, 74, and note 2 12 Pick. 328; 1 B. & Adolph. 415; 1
    Liverm. Ag. 398. 3. The principal has a right to supersede his agent,
    where each may maintain a suit against a third person, by suing in his
    own name; and he may, by his own intervention, intercept, suspend, or
    extinguish the right of the agent under the contract. Paley Ag. by
    Lloyd, 362; 7 Taunt. 237, 243; 1 M. & S. 576 1 Liverm. Ag. 226-228; 2
    W. C. C. R. 283; 3 Chit. Com. Law, 201-203. 6.-2d. The principal's
    rights against third persons. 1. When a contract is made by the agent
    with a third person in the name of his principal, the latter may
    enforce it by action. But to this rule there are some exceptions 1st.
    When the instrument is under seal, and it has been exclusively made
    between the agent and the third person; as, for example, a charter
    party or bottomry bond in this case the principal cannot sue on it. See
    1 Paine, Cir. R. 252; 3 W. C. C. R. 560; 1 M. &. S. 573; Abbott, Ship,
    pt. 3, c. 1, s. 2. 2d. When an exclusive credit is given to and by the
    agent, and therefore the principal cannot be considered in any manner a
    party to the contract, although he may have authorized it, and be
    entitled to all the benefits arising from it. The case of a foreign
    factor, buying or selling goods, is an example of this kind: he is
    treated as between himself and the other party, as the sole contractor,
    and the real principal cannot sue or be sued on the contract. This, it
    has been well observed, is a general rule of commercial law, founded
    upon the known usage of trade; and it is strictly adhered to for the
    safety and convenience of foreign commerce. Story, Ag. Sec. 423; Smith
    1
    Mer. Law, 66; 15 East, R. 62; 9 B. & C. 87. 3d. When the agent, has a
    lien or claim upon the property bought or sold, or upon its proceeds,
    when it equals or exceeds the amount of its value. Story, Ag. Sec.
    407, 408, 424. 7.-2. But contracts are not unfrequently made without
    mentioning the name of the principal; in such case he may avail himself
    of the agreement, for the contract will be treated as that of the
    principal, as well as of the agent. Story, Ag. Sec. 109, 111, 403, 410,
    417, 440; Paley, Ag. by Lloyd, 21, 22; Marsh. Ins. b. 1, c. 8, Sec. 3,
    p. 311; 2 Kent's Com. 3d edit. 630; 3 Chit. Com. Law, 201; vide 1
    Paine's C. C. Rep. 252. 8.-3. Third persons are also liable to the
    principal for any tort or injury done to his property or rights in the
    course of the agency. Pal. Ag. by Lloyd, 363; Story, Ag. Sec. 436; 3
    Chit. Com. Law, 205, 206; 15 East, R. 38. 9.-2. The liabilities of the
    principal are either to his agent or to third persons. 10.-1st. The
    liabilities of the principal to his agent, are, 1. To reimburse him all
    expenses he may have lawfully incurred about the agency. Story, Ag.
    Sec. 335 Story, Bailm. Sec. 196, 197; 2 Liv. Ag. 11 to 33. 2. To pay
    him his commissions as agreed upon, or according to the usage of trade,
    except in cases of gratuitous agency. Story, Ag. Sec. 323; Story,
    Bailm. 153, 154, 196 to 201. 3. To indemnify the agent when he has
    sustained damages in consequence of the principal's conduct for
    example, when the agent has innocently sold the goods of a third
    person, under the direction or authority of his principal, and a third
    person recovers damages against the agent, the latter will be entitled
    to reimbursement from the principal. Pal. Ag. by Lloyd, 152, 301; 2
    John. Cas. 54; 17 John. 142; 14 Pick. 174. 11.-2d. The liabilities of
    the principal to third persons, are, 1. To fulfill all the engagements
    made by the agent, for or in the name of the principal, and which come
    within the scope of his authority. Story, Ag. Sec. 126. 2. When a man
    stands by and permits another to do an act in his name, his authority
    will be presumed. Vide Authority, and 2 Kent, Com. 3d edit. 614; Story,
    Ag. Sec. 89, 90, 91; and articles Assent; Consent. 3. The principal is
    liable to third persons for the misfeasance, negligence, or omission of
    duty of his agent; but he has a remedy over against the agent, when the
    injury has occurred in consequence of his misconduct or culpable
    neglect; Story, Ag. Sec. 308; Paley, Ag. by Lloyd, 152, 3; 1 Metc.
    560; 1 B. Mont. 292; 5 B. Monr. 25; 9 W. & S. 72; 8 Pick. 23; 6 Gill &
    John. 292; 4 Q. B. 298; 1 Hare & Wall. Sel. Dee. 467; Dudl. So. Car.
    R. 265, 268; 5 Humph. 397; 2 Murph. 389; 1 Ired. 240; but the principal
    is not liable for torts committed by the agent without authority. 5
    Humph. 397; 2 Murph. 389; 19 Wend. 343; 2 Metc. 853. A principal is
    also liable for the misconduct of a sub-agent, when retained by his
    direction, either express or implied. 1 B. & P. 404; 15 East, 66.
    12. The general, rule, that a principal cannot be charged with injuries
    committed by his agent without his assent, admits of one exception, for
    reasons of policy. A sheriff is liable, even under a penal statute, for
    all injurious acts, willful or negligent, done by his appointed
    officers, colore officii, when charged and deputed by him to execute
    the law. The sheriff is, therefore, liable where his deputy wrongfully
    executes a writ; Dougl. 40; or where he takes illegal fees. 2 E. N. P.
    C. 585. 13. But the principal may be liable for his agent's misconduct,
    when he has agreed, either expressly or by implication, to be so
    liable. 8 T. R. 531; 2 Cas. N. P. C. 42. Vide Bouv. Inst. Index, h.t.;
    Agency; Agent. A Law Dictionary Adapted To The Constitution and Laws of the United
    States of America and of the Several States of the American Union by John Bouvier Revised
    Sixth Edition, 1856
    2
    INTEREST defined: The most general term that can be employed to denote
    a right, claim, title, or legal share in something. In its application
    to real estate or things real, it is frequently used in connection with
    the terms "estate," "right," and "title." More particularly it means a
    right to have the advantage accruing from anything; any right in the
    nature of property, but less than title. The word "interest" is used
    throughout the Restatement of Torts, Second, to denote the object of
    any human desire. Sec. 1. The word "interest" is used in the
    Restatement of Property both generically to include varying aggregates
    of rights, privileges, powers and immunities and distributively to mean
    any one of them. Sec. 5. "Interest" which may disqualify a judge from
    hearing a suit is a personal proprietary or pecuniary interest or one
    affecting individual rights of the judge, and liability, gain or relief
    to judge must turn on outcome of suit. Mears v. Hall, 263 Ark. 827, 569
    S.W.2d 91, 94. See also Add on interest; Adverse interest; Against
    interest; Beneficial interest; Community of interest; Compelling state
    interest; Compound interest; Conflict of interest; Contingent interest
    in personal property; Coupons; Equitable interest; Executory interests;
    Future interests; Identity of interests; Insurable interest; Leasehold
    interest; Legal interest; Lessee's interest; Lessor's interest; New
    York interest; Ownership; Pecuniary interest; Possessory interest;
    Public interest; Security interest; Senior interest; Terminable
    interest; Usury; Vested interest. Blacks Law Dictionary Sixth Edition
    (page 812)
    ABSOLUTE INTEREST defined: Person has absolute interest in property
    when such is so completely vested in individual that no contingency can
    deprive him of it without his consent. So, too, he is the owner of such
    absolute interest who must necessarily sustain the loss if the property
    is destroyed. See also Fee simple; Title. Blacks Law Dictionary Sixth
    Edition (page 812)
    DROIT defined: A French word, which, in that language, signifies the
    whole collection of laws, written and unwritten, and is synonymous to
    our word law. It also signifies a right, il n'existe point de droits
    sans devoirs, et vice versa. 1 Toull. n. 96; Poth. h.t. With us it
    means right, jus. Co. Litt. 158. A person was said to have droit
    droit, plurimum juris, and plurimum possessionis, when he had the
    freehold, the fee, and the property in him. Id. 266; Crabb's H. Eng.
    L. 400. A Law Dictionary Adapted To The Constitution and Laws of the United States of
    America and of the Several States of the American Union by John Bouvier Revised Sixth
    Edition, 1856
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