Access

Approach, or the means or power of approaching. The right of the occupant of land to pass from his premises to a highway. 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.

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 i and in that case her issue are presumed to be his Issue. But this presumption may be rebutpositive evidence that no sexual intercourse took place; 1 Turn. & R. 141. Parents are not allowed to prove non-access for the purpose of bastard! 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; Bull. N. P. 113; Bowles v. Bingham, 2 Muni (Ya.) Am. Dec. 497; State v. Pettaway, 10 G23; Cross v. Cross, 3 Pai. Ch. (N. Y.) 139, 23 Am. Dec. 77s; Mink v. State, GO Wis. 5S4, 19 N. W. 115, 50 Am. Rep. 386; Bell v. Territory, 8 Okl. 7.'., 56 Pac. 853; State v. Bavin, SO la. 555, 46 N. W. E ert v. Greenwalt, 44 Mich, -15, 6 N. W. 6 Am. Pep. 266; Tioga County v. South I Township, 75 Pa. 43G, where the common law rule was applied in an extreme and was held not to be affected by the statute abolishing the disqualification by reason of interest The rule has been held to be modified by statutes; Evans v. siate. 165 Iml. 36§, 74 N. 10. 244, 75 N. B. 651, 6 Ann. Cas. S13, 2 L. K. A. ( N. S.) 619 (where the cases are collected in a note); v. Mc Dowell, 101 N. C. 734, 7 s. El 785, which changes the rule as laid down in Boykln v. Boykin, 70 N. C. 263, 1G Am. Rep. 776. fact that husband and wife lived apart; 1 Gale & D. 7. See 3 C. & P. 215; 1 Sim. & S. 153; 1 Greenl. Ev. § 28. In Canon Law. The right to some benefice at some future time. 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; Babcock v. Gill, 10 Johns. (N. T.) 288. Third. That which gives the owner of land new land formed.by gradual deposit. See Accretion; 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.'3 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. Properties 23. Fifth. That which gives Islands formed in a stream to the owner of the adjacent lands on either side. Sixth. That which gives a person the property in things added to his own so that they cannot be separated without damage. Guyot, Repert. Univ. Accessio includes both accession and accretion as used in the common law. An accessory obligation, and sometimes also the person who enters into an obligation as surety in which another is principal. Calvinus, Lex.

Accessus, I Approach or means of approach; the liberty of going into a place; opportunity of intercourse and actual intercourse, as between husband and wife. Accessus et recessns: the liberty of going on and off, etc.

2 Going to or with: approach, intercourse, or opportunity therefor. Opposed, non-access.

In a special sense, refers to sexual intercourse between a husband and wife, and imports its occurrence or opportunity of communicating for that purpose. The presumption that children bom in lawful wedlock are legitimate, may be rebutted by evidence showing that there could have been no intercourse. Where there were opportunities for intercourse, evidence to establish impotency is generally not admitted. Nonaccess is not presumed from the mere fact that the parties lived apart in the same country.^ A parent will not be permitted to prove non-access for the purpose of bastardizing issue bom in wedlock. The admission of such testimony would be unseemly and scandalous; it would reveal immoral conduct in the parents, and the child, who is in no fault, would be the chief sufferer. Modem statutes allowing parties to testify in their own behalf have not changed this rule of law.*

[Lat. access^is, q. v.] Approach, or means of approach; opportunity of intercourse, as between husband and wife. 1 Bl, Com, 457.

persons, the means or power of approaching. 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. Parents are not allowed to prove non access 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. 118; Cowp. R. 592; 8 East R. 203; 11 East, R.133. _