Principal

1.

In the law of agency, the employer of an agent; the person from whom an attorney receives his appointment and powers.

2.

In the law of guaranty and suretyship, the principal is the person primarily liable, and for whose performance of his obligation the guarantor or surety has become bound; the original debtor.

3.

In crimes, a principal is an actor in a crime, as distinguished from one who merely assists or promotes it, in a secondary capacity, and is called accessory, q. V. Principals in crimes are of the first degi-ee, including any one who is actual perpetrator, and of the second degree, including those who are present aiding and abetting its commission. A criminal offender is either a principal or an accessory. A principal is either the actor (i.e. the actual perpetrator of the crime), or else is present, aiding and abetting the fact to be done; an accessory is he who is not the chief actor in the offence, nor yet present at its performance, but is some way concerned therein, either before or after the fact committed.

1 Hale P. C. 613, 618. 4.

In the law of property, principal is used to distinguish a chief or more important subject around which others are gathered, or to which they are inci-. dent or appurtenant; as in saying that the accessoiy passes by a grant of the principal.

5.

In the law of debtor and creditor, principal is the outset sum loaned, — the original debt, — as distinguished from accretions by interest, commissions, costs of court, &c.

6.

An heirloom, mortuary, or corsechallenge to a juror for a cause which carries with it, prima facie, evident marks of suspicion, either of malice or favor, — as that a juror is of kin to either party within the ninth degree, that he has an inteirest in the cause, &c., — is called a principal challenge, or challenge for principal cause.

See 3 Bl. Com. 363.

Principal obligation.

1.

Where there are two obligations connected, one is sometimes so prominent, and the other so dependent upon it, that the leading one is called the principal obligation, and the other an accessory or incident. Bouvier cites from Pothier a lucid example, that, in the sale of a horse, the pi-incipal obligation of the seller is to deliver the horse; the obligation to take care of him till delivered is an accessory engagement.

2.

The indebtedness for which one becomes surety is sometimes ca Ued, in contrast to the surety's undertaking, the principal obligation. Frincipia probant: non probantur. Principles prove: they are not proved. Fundamenta,l principles do not require proof.