ABSCOND abrogates certain preceding laws which are named. Implied abrogation takes place when the new law contains provisions which are positively contrary to the former laws, without expressly abrogating such laws; for it is a maxim, posteriora derogant prioribus; 10 Mart. La. 172, 560; and also when the order of things for which the law had been made no longer exists, and hence the motives which had caused its enactment have ceased to operate; ratione legis omnino cessante, cessat lex; Toullier, Dr. Civ. Fr. tit. prel. § 11, n. 151; Merlin, Répert., Abrogation. ABSCOND. To go in a clandestine manner out of the jurisdiction of the courts, or to lie concealed, in order to avoid their process. ABSCONDING DEBTOR. One who absconds from his creditors. The statutes of the various states, and the decisions upon them, have determined who shall be treated in those states, respectively, as absconding debtors, and liable to be proceeded against as such. A person who has been in a state only transiently, or has come into it without any intention of settling therein, cannot be treated as an absconding debtor; 2 Cai. 318; 15 Johns. 196; nor can one who openly changes his residence; 3 Yerg. 414; 5 Conn. 117; 43 Ill. 185. For the rule in Vermont, see 2 Vt. 489; 6 id. 614. It is not necessary that the debtor should actually leave the state; 7 Md. 209. It is essential that there be an intention to delay and defraud cre ditors. ABSENCE. The state of being away from one's domicile or usual place of resi dence. A presumption of death arises after the absence of a person for seven years without having been heard from; Peake, Ev. c. 14, §1; 2 Starkie, Ev. 457, 458; Park, Ins. 433; i W. Bla. 404; 1 Stark. 121; 2 Campb. 113; 4 B. & Ald. 422; 4 Wheat. 150, 173; 15 Mass. 305; 18 Johns. 141; 1 Hardin, 479. In Louisiana a curator is appointed under some circumstances to take charge of the estate of those who are out of the state during their absence; La. Civ. Code, art. 50, 51. ABSENTEE. A landlord who resides in a country other than that from which he draws his rents. The discussions on the subject have generally had reference to Ireland. McCulloch, Polit. Econ.; 33 British Quarterly Review, 455. ABSOILE. To pardon; to deliver from excommunication. Staunford, Pl. Cr. 72; Kelham. Sometimes spelled Assoile, which see. ABSOLUTE (Lat. absolvère). Complete, perfect, final; without any condition or incumbrance; as an absolute bond (simplex obligatio) in distinction from a conditional bond; an absolute estate, one that is free from all manner of condition or incumbrance. See CONDITION. A rule is said to be absolute when on the hearing it is confirmed and made final. A conveyance is said to be absolute, as distin guished from a mortgage or other conditional conveyance; 1 Powell, Mort. 125. Absolute rights are such as appertain and belong to particular persons merely as individuals or single persons, as distinguished from relative rights, which are incident to them as members of society; 1 Sharsw. Bla. Com. 123; 1 Chitty, Pl. 364; 1 Chitty, Pr. 32. Absolute property is where a man hath solely and exclusively the right and also the occupation of movable chattels; distinguished from a qualified property, as that of a bailee; 2 Sharsw. Bla. Com. 388; 2 Kent, 347. ABSOLUTION. In Civil Law. A sentence whereby a party accused is declared innocent of the crime laid to his charge. In Canon Law. A juridical act whereby the clergy declare that the sins of such as are penitent are remitted. The formula of absolution in the Roman Church is absolute; in the Greek Church it is deprecatory; in the Reformed Churches, declaratory. Among Protestants it is chiefly used for a sentence by which a person who stands excommunicated is released or freed from that punishment. Encyc. Brit. In French Law. The dismissal of an accusation. The term acquitment is employed when the accused is declared not guilty, and absolution when he is recognized as guilty but the act is not punishable by law or he is exonerated by some defect of intention or will; Merlin, Rep. ABSOLUTISM. In politics. That government in which public power is vested in some person or persons, unchecked and uncontrolled by any law or institution. The word was first used at the beginning of this century, in Spain, where one who was in favor of the absolute power of the king, and opposed to the constitutional system introduced by the Cortes during the struggle with the French, was called absolutista. The term Absolutist spread over Europe, and was applied exclusively to absolute an aristocracy and in a democracy as well. Dr. monarchism; but absolute power may exist in Lieber, therefore, uses in his works the term Absolute Democracy for that government in which the public power rests unchecked in the multitude (practically speaking, in the majority). ABSQUE ALIQUO INDE REDDENDO (Lat. without reserving any rent therefrom). A term used of a free grant by the crown; 2 Rolle, Abr. 502. ABSQUE HOC (Lat.). Without this. See TRAVERSE. ABSQUE IMPETITIONE VASTI (Without impeachment of waste). A term indicating freedom from any liability on the part of the tenant or lessee to answer in damages for the waste he may commit. WASTE. See ABSQUE TALI CAUSA (Lat. without such cause). In pleading. A form of replication in an action ex delicto which works a general denial of the whole matter of the defendant's plea of de injuria; Gould, Plead. c. 7, § 10. ABSTENTION. In French Law. The tacit renunciation of a succession by an heir; Merlin, Répert. ABSTRACT OF A FINE. A part of the record of a fine, consisting of an abstract of the writ of covenant and the concord; naming the parties, the parcel of land, and the agreement; 2 Bla. Com. 351. ACCEDAS AD CURIAM (Lat. that ABSTRACT OF A TITLE. An epitome, you go to court). In Eng. law. An origior brief statement of the evidences of owner-nal writ issuing out of chancery and directed ship of real estate. to the sheriff, for the purpose of removing a replevin suit from the Hundred Court or Court Baron before one of the superior courts of law. It directs the sheriff to go to the lower court, and there cause the plaint to be recorded and to return, etc. See Fitzherbert, Nat. Brev. 18; Dy. 169. An abstract should set forth briefly, but clearly, every deed, will, or other instrument, every recital or fact relating to the devolution of the title, which will enable a purchaser, or mortgagee, or his counsel, to form an opinion as to the exact state of the title. In England this is usually prepared at the expense of the owner; 1 Dart, Vend. and Purch. 279. The failure to deliver an abstract in England relieves the purchaser from his contract in law; id. 305. It should run back for sixty years; or, since the Act of 38 and 39 Vic. c. 78, forty years prior to the intended sale, etc. In the United States, where offices for registering deeds are universal, and conveyancing much less complicated, abstracts are much simpler than in England, and are usually prepared at the expense of the purchaser, etc., or by his conveyancer. See Whart. Law Dict.; 7 W. Va. 390. ABUSE. Every thing which is contrary to good order established by usage. Merlin, Répert. Among the civilians, abuse has another signification; which is the destruction of the substance of a thing in using it. For example, the borrower of wine or grain abuses the article borrowed by using it, because he cannot enjoy it without consuming it. ABUSE OF A FEMALE CHILD. An injury to the genital organs in an attempt at carnal knowledge, falling short of actual penetration. 58 Ala. 376. See RAPE. ABUT. To reach, to touch. ACCEDAS AD VICE COMITEM (Lat. that you go to the sheriff). In Eng. law. A writ directed to the coroner, commanding him to deliver a writ to the sheriff, when the latter, having had a pone delivered him, suppressed it; Reg. Orig. 83. ACCELERATION. The shortening of expectant interest. the time for the vesting in possession of an Wharton. ACCEPTANCE (Lat. accipere, to reanother with an intention to retain it, indiceive). The receipt of a thing offered by cated by some act sufficient for the purpose; 2 Parsons, Contr. 221. An acceptance involves very generally the idea of a receipt in consequence of a previous undertaking on the part of the person offering to deliver such a thing as the party accepting is in some manner bound to receive. It is through this meaning that the term acceptance, as used in reference to bills of exchange, has a relation In old law, the ends were said to ebut, the to the more general use of the term. As distinsides to adjoin. Cro. Jac. 184. guished from assent, acceptance would denote satisfactory fulfilment of, a contract to which assent had been previously given. See ASSENT. To take a new direction; as where a bound-receipt of something in compliance with, and ing line changes its course. Spelman, Gloss. Abuttare. In the modern law, to bound 2 Chitty, Pl. 660. upon. ABUTTALS (Fr.). The buttings or boundings of lands, showing to what other lands, highways, or places they belong or are abutting. Termes de la Ley. AC ETIAM (Lat. and also). The intro duction of the statement of the real cause of action, used in those cases where it was necessary to allege a fictitious cause of action to give the court jurisdiction, and also the real cause in compliance with the statutes. It was first used in the K. B., and was afterwards adopted by Lord C. J. North in addition to the clausum fregit writs of his court upon which writs of capias might issue. He balanced awhile whether he should not use the words nec non instead of ac etiam. Under the statute of frauds (29 Car. II. c. 3) delivery and acceptance are necessary to complete an oral contract for the sale of goods, in most cases. In such cases, it is said the acceptance must be absolute and past recall; 2 Exch. 290; 5 Railw. Cas. 496; 1 Pick. 278; 10 id. 326, and communicated to the party making the offer; 4 Wheat. 225; 6 Wend. 103, 397. As to how far a right to make future objections invalidates an acceptance, see 3 B. & Ald. 521; 5 id. 557; 10 Bingh. 376; 10 Q. B. 111; 6 Exch. 903. Acceptance of rent destroys the effect of a notice to quit for non-payment of such rent; 3 Taunt. 78; 4 Bingh. N. c. 178; 4 B. & Ald. 401; 13 Wend. 530; 11 Barb. 33; 1 Bush. 418; 2 N. H. 163; 19 Vt. 587; 1 Washb. R. P. 322; and may operate a waiver ACCEPTANCE of forfeiture for other causes; 3 Coke, 64; Wms. Saund. 287 c, note; 3 Cow. 220; Barb. 339; 3 Cush. 325. Of Bills of Exchange. An engagement to pay the bill in money when due. 4 East, 72; 19 Law Jour. 297; Byles on Bills, 288. Acceptances are said to be of the following kinds. 195; 5 B. Monr. 8; 15 Penn. St. 453; 2 5 Ind. 488; 3 Md. 265; 1 Pet. 264; 4 id. 121; 2 Wheat. 66; 2 McLean, 462; 2 Blatchf. C. C. 335. See 1 Story 22; 2 id. 213. It may be made after it is drawn and before it comes due, which is the usual course, or after it becomes due; 1 H. Bla. 313; 2 Green, 339; or even after a previous refusal to accept; 5 East, 514; 1 Mas. 176. It must be made within twenty-four hours after presentment, or the holder may treat the bill as dishonored; Chitty, Bills, 212, 217. And upon refusal to accept, the bill is at once dishonored, and should be protested; Chitty, Bills, 217. Absolute, which is a positive engagement to pay the bill according to its tenor. Conditional, which is an undertaking to pay the bill on a contingency. The holder is not bound to receive such an ac ceptance, but if he does receive it, must observe its terms; 4 M. & S. 466; 1 Campb. 425; 2 Wash. C. C. 485; Dan. Neg. Inst. 411. For some examples of what do and what do not constitute conditional acceptances, see 1 Term, 182; 2 Strange, 1152, 1211; 2 Wils. 9; 6 C. & P. 218; 3 C. B. 841; 15 Miss. 245; 7 Me. 126; 1 Ala. 73; 10 Ala. N. s. 533; 1 Strob. 271; 1 Miles, 294; Watts & S. 346; 105 Mass. 401; 10 C. B. N. s. 214; 44 Ga. 513; 73 Ill. 469; 62 Me. 498; 14 Cal. 407. Express or absolute, which is an undertaking in direct and express terms to pay the bill. Implied, which is an undertaking to pay the bill inferred from acts of a character fairly to warrant such an inference. Partial, which is one varying from the tenor of the bill. An acceptance to pay part of the amount for which the bill is drawn, 1 Strange, 214; 2 Wash. C. C. 485; or to pay at a different time, 14 Jur. 806; 25 Miss. 376; Molloy, b. 2, c. 10, § 20; or at a different place, 4 M. & S. 462, would be partial. Qualified, which are either conditional or partial, and introduce a variation in the sum, time, mode, or place of payment; 1 Dan. Neg. Inst. 414. Supra protest, which is the acceptance of the bill after protest for non-acceptance by the drawee, for the honor of the drawer or a particular indorser. When a bill has been accepted supra protest for the honor of one party to the bill, it may be accepted supra protest by another individual for the honor of another; Beawes, Lex Merc., Bills of Exchange, pl. 52; 5 Campb. 447. The acceptance must be made by the drawee or some one authorized to act for him. The drawee must have capacity to act and bind himself for the payment of the bill, or it may be treated as dishonored. See AcCEPTOR SUPRA PROTEST; Marius, 22; 2 Q. B. 16. As to when an acceptance by an agent, an officer of a corporation, etc., on behalf of the company, will bind the agent or officer personally, see 15 Jur. 335; 20 Law Jour. 160; 6 C. B. 766; 10 id. 318; 9 Exch. 154; 4 N. Y. 208; 6 Mass. 58; 8 Pick. 56; 11 Me. 267; 2 South. 828; see also 17 Wend. 40; 5 B. Monr. 51; 2 Conn. 660; 19 Me. 352; 16 Vt. 220; 2 Metc. Mass. 47; 7 Miss. 371. It may be in writing on the bill itself or on another paper; 4 East, 91; and it seems that the holder may insist on having a written acceptance, and in default thereof consider the bill as dishonored; 1 Dan. Neg. Inst. 406; or it may be oral; 1 East, 67; Rep. temp. Hardw. 74; 6 C. & P. 218; 1 Wend. 522; 2 Green, 339; 1 Rich. 249; 3 Mass. 1; 2 Metc. 53; 22 N. H. 153; 115 Mass. 374; 91 U. S. 406; 75 Ill. 595; 11 Moore, 320. An acceptance by telegraph has been held good; 87 Ill 98; 109 Mass. 414; but must now be in writing, in England and New York; Stat. 19 & 20 Vict. c. 97, § 6. The usual form is by writing "accepted across the face of the bill and signing the acceptor's name; 1 Parsons, Contr. 223; 1 Mann. & R. 90; but the drawee's name alone is sufficient, or any words of equivalent force to accepted. See Byles, Bills, 147; 1 Atk. 611; 1 Mann. & R. 90; 21 Pick. 307; 3 Md. 265; 9 Gill, 350. Consult Bayley, Byles, Chitty, Parsons, and Story, on Bills; Parsons on Contracts; Dan. Neg. Inst. In Insurance. Acceptance of abandonment in insurance is in effect an acknowledg ment of its sufficiency, and perfects the right of the assured to recover for a total loss if the cause of loss and circumstances have been truly made known. No particular form of acceptance is requisite, and the underwriter is not obliged to say whether he accepts; 2 Phillips, Ins. Ꭶ 1689. An acceptance may be a constructive one, as by taking possession of an abandoned ship to repair it without authority so to do; 2 Curt. C. C. 322; or by retaining such possession an unreasonable time, under a stipulation authorizing the underwriter to take such possession; 16 Ill. 235. ACCEPTILATION. In Civil Law. A release made by a creditor to his debtor of his debt, without receiving any consideration. Ayliffe, Pand. tit. 26, p. 570. It is a species of donation, but not subject to the forms of the latter, and is valid unless in fraud of creditors. Merlin, Répert. Acceptilation may be defined verborum conceptio qua creditor debitori, quod debet, acceptum fert; or, a certain arrangement of words by which, on the question of the debtor, the creditor, wishing to dissolve the obligation, answers that he admits The acceptilation is an imaginary payment; Dig. 46. 4. 1, 19; Dig. 2. 14. 27. 9; Inst. 3. as received what in fact he has not received. It may be made before the bill is drawn, in which case it must be in writing; 3 Mass. 1; 9 id. 55; 15 Johns. 6; 10 id. 207; 2 Wend. 545; 1 Bail. 522; 2 Green, 239; 2 Dana, | 30. 1. ACCEPTOR. One who accepts a bill of exchange. 3 Kent, 75. The party who undertakes to pay a bill of exchange in the first instance. The drawee is in general the acceptor; and unless the drawee accepts, the bill is dishonored. The acceptor of a bill is the principal debtor, and the drawer the surety. He is bound, though he accepted without consideration and for the sole accommodation of the drawer. By his acceptance he admits the drawer's handwriting; for before acceptance it was incumbent upon him to inquire into the genuineness of the drawer's handwriting; 3 Kent, 75; 3 Burr. 1384; 1 W. Bla. 390; 4 Dall. 204. ACCEPTOR SUPRA PROTEST. One who accepts a bill which has been protested, for the honor of the drawer or any one of the endorsers. Any person, even the drawee himself, may accept a bill supra protest; Byles, Bills, *262, and two or more persons may become acceptors supra protest for the honor of different persons. A general acceptance supra protest is taken to be for the honor of the drawer; Byles, Bills, *263. The obligation of an acceptor supra protest is not absolute but only to pay if the drawee do not; 16 East, 391. See 3 Wend. 491; 19 Pick. 220; 8 N. H. 66. An acceptor supra protest has his remedy against the person for whose honor he accepted, and against all persons who stand prior to that person. If he takes up the bill for the honor of the endorser, he stands in the light of an endorsee paying full value for the bill, and has the same remedies to which an endorsee would be entitled against all prior parties, and he can, of course, sue the drawer and endorser; 1 Ld. Raym. 574; 1 Esp. 112; Bayley, Bills, 209; 3 Kent, 75; Chitty, Bills, 312. The acceptor supra protest is required to give the same notice, in order to charge a party, which is necessary to be given by other holders; 19 Pick. 220. ACCESS. Approach, or 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. 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; 1 Turn. & R. 141. Parents are not allowed to prove non-access for the purpose of bastardizing the issue of the wife, whether the action be civil or criminal, or whether the proceeding is one of settlement or bastardy, or to recover property claimed as heir at law; Rep. temp. Hardw. 79; Buller, N. P. 113; Cowp. 592; 8 East, 203; 11 id. 133; 2 Munf. 242; 3 id. 599; 3 Hawks, 323; 3 Hayw. 221; 1 Ashm. 269; 1 Grant Cas. 377; 3 Paige, Ch. 129. The modern doctrine is that children born in lawful wedlock (when there has been no divorce a mensa et thoro) are presumed legitimate, but this presumption may be rebutted by evidence (not that of the parents) tending to show that intercourse could not have taken place, impotency, etc. Where there were opportunities for intercourse, evidence is generally not allowed to establish illegitimacy; 2 Greenl. Ev. § 150, 151, and n. See 9 Beav. 552. Non-access is not presumed from the mere fact that husband and wife lived apart; 1 Gale & D. 7. See 3 C. & P. 215; 1 Sim. & S. 153; 1 Greenleaf Ev. § 28. ACCESSARY. In 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 accessary 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, Pl. Cr. 615. With regard to those cases where the principal goes beyond the terms of the solicitation, the approved test is, "Was the event alleged to be the crime to which the accused is charged to be accessary, a probable cause of the act which he counselled ?" 1 F. & F. Cr. Cas. 242; Roscoe, Crim. Ev. 181. When the act is committed through the agency of a person who has no legal discretion or a will, as in the case of a child or an insane person, the incitor, though absent when 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; 1 Hale Pl. Cr. 514. But if the instrument is aware of the consequences of his act, he is a principal in the first degree, and the employer, if he is absent when the fact is committed, is an accessary before the fact; 1 R. & R. Cr. Cas. 363; 1 Den. Cr. Cas. 37; 1 C. & K. 589; or if he is present, as a principal in the second degree; 1 Fost. Cr. Cas. 349; unless the instrument concur in the act merely for the purpose of detecting and punishing the employer, in which case he is considered as an innocent agent. An accessary after the fact is one who, knowing a felony to have been committed, receives, relieves, comforts, or assists the felon; 4 Bla. Com. 37. No one who is a principal 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; 4 Bla. Com. 35-40; Hawkins, Pl. Cr. b. 2, c. 29, § 16; 1 Whart. Cr. L. § 223; 2 Den. Cr. Cas. 453; 5 Cox, Cr. Cas. 521; 2 Mood. Cr. Cas. 276; 8 Dana, 28; 20 Miss. 58; 3 Cush. 284; 3 Gray, 448; 14 Mo. 137; 18 Ark. 198; 4 J. J. Marsh. 182; 67 Ill. 587. Such is the English law; but in the United States it appears not to be determined as re ACCESSIO gards the cases of persons assisting traitors. Sergeant, Const. Law, 382; Cranch. 472, 501; U. S. v. Fries, 3 Dall. 515. See 2 Wall. Jr. 134, 139; 16 Wall. 147; 12 Wall. 347. That there cannot be an accessary in cases of treason, see Davis, Cr. L. 38. Contra, 1 Whart. Cr. L. § 224. It is evident there can be no accessary when there is no principal; if a principal in a transaction be not liable under our laws, no one can be charged as a mere accessary to him; 1 Woodb. & M. 221. By the rules of the common law, an accesIsary cannot be tried, without his consent, before the conviction of the principal; Fost. Cr. Cas. 360. This is altered by statute in most of the states. But an accessary to a felony committed by several, some of whom have been convicted, may be tried as accessary to a felony committed by these last; but if he be indicted and tried as accessary to a felony committed by them all, and some of them have not been proceeded against, it is error; 7 S. & R. 491; 10 Pick. 484. If the principal is dead, the accessary cannot, by the common law, be tried at all; 16 Mass. 423. ACCESSIO (Lat.). 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; Calvinus, Lex. A manner of acquiring the property in a thing which becomes united with that which a person already possesses. The doctrine of property arising from accessions is grounded on the rights of occupancy. It is said to be of six kinds in the Roman law. First. That which assigns to the owner of a thing its products, as the fruit of trees, the young of animals. Second. That which makes a man the owner of a thing which is made of another's property, upon payment of the value of the material taken. See La. Civ. Code, art. 491. As where wine, bread, or oil is made of another man's grapes or olives; 2 Bla. Com. 404; 10 Johns. 288. Third. That which gives the owner of land new land formed by gradual deposit. See ALLUVION. Fourth. That which gives the owner of a thing the property in what is added to it by way of adorning or completing it; as if a tailor should use the cloth of B. in repairing A.'s coat, all would belong to A.; but B. would have an action against both A. and the tailor for the cloth so used. This doctrine holds in the common law; F. Moore, 20; Poph. 38; Brooke, Abr. Proper tiæ, 23. Fifth. That which gives islands formed in a stream to the owner of the adjacent lands on either side. Sirth. That which gives a person the property In things added to his own so that they cannot be separated without damage. Guyot, Répert. Univ. An accessary obligation, and sometimes also the person who enters into an obligation as surety in which another is principal. Calvinus, Lex. ACCESSION. The right to all which one's own property produces, whether that property be movable or immovable, and the VOL. I.-6 right to that which is united to it by accession, either naturally or artificially; 2 Kent, 360; 2 Bla. Com. 404. If a man hath raised a building upon his own ground with the material of another, or, on the contrary, if a man shall have built with his own materials upon the ground of another, in either case the edifice becomes the property of him to whom the ground belongs; for every building is an accession to the ground upon which it stands; and the owner of the ground, if liable at all, is only liable to the owner of the materials for the value of them; Inst. 2. 1. 29, 30; 2 Kent, 362. And the same rule holds where trees, vines, vegetables, or fruits are planted or sown in the ground of another; Inst. 2. 1. 31, 32. If the materials of one person are united by labor to the materials of another, so as to form a single article, the property in the joint product is, in the absence of any agreement, in the owner of the principal part of the materials by accession; 7 Johns. 473; 5 Pick. 177; 6 id. 209; 32 Me. 404; 16 Conn. 322; Inst. 2. 1. 26. But a vessel built of materials belonging to different persons, it has been said, will belong to the owner of the keel, according to the rule, proprietas totius navis carina causam sequitur; 2 Kent, 361; 6 Pick. 209; 7 Johns. 473; 11 Wend. 139. It is said to be the doctrine of the civil law, that the rule is the same though the adjunction of materials may have been dishonestly contrived; for, in determining the right of property in such a case, regard is had only to the things joined, and not to the persons, as where the materials are changed in species; Wood, Inst. 93; Inst. 2. 1. 25. And see ADJUNCTION. Where, by agreement, an article is manufactured for another, the property in the article, while making and when finished, vests in him who furnished the whole or the principal part of the materials; and the maker, if he did not furnish the same, has simply a lien upon the article for his pay; 2 Denio, 268; 10 Johns. 268; 15 Mass. 242; 4 Ired. 102. The increase of an animal, as a general thing, belongs to its owner; but, if it be let to another, the person who thus becomes the temporary proprietor will be entitled to its increase; 8 Johns. 435; Inst. 2. 1. 38; though it has been held that this would not be the consequence of simply putting a mare to pasture, in consideration of her services; 2 Penn. St. 166. The Civil Code of Louisiana, following the Roman law, makes a distinction in respect of the issue of slaves, which, though born during the temporary use or hiring of their mothers, belong not to the hirer, but to the permanent owner; La. Code, art. 539; Inst. 2. 1. 37; and see 31 Miss. 557; 4 Sneed, 99; 2 Kent, 361. But the issue of slaves born during a tenancy for life belong to the tenant for life; 7 Harr. & J. 257. If there be a sale, mortgage, or pledge of a chattel, carried into effect by delivery or by a recording of the mortgage where that is equivalent to a delivery, and other materials are |