Accessary To Adultery

In divorce law. A spouse who directly commands or procures the commission of adultery by the other. It is a stronger term than "conniver," which implies mere acquiescence, but is practically unused in America, "connivance" being used to denote all noncollusive participation. ACCESS 10 (Lat an accession). 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. Calv. 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: (1) That which assigns to the owner of a thing its products, as the fruit of trees, the young of animals. (2) 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, also, Civ. Code La. art. 491. As where wine, bread, or oil is made of another man's grapes, olives, or wheat. 2 Sharswood, Bl. Comm. 404; 10 Johns. (N. Y.) 288. (3) That which gives the owner of land new land formed by gradual deposit. See "Alluvion." (4) 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. Moore, 20; Poph. 38; Brooke, Abr. "Propertiae," 23. (5) That which gives islands formed in a stream to the owner of the adjacent lands on either side. (6) That which gives a person the property in things added to his own so that they cannot be separated without damage. Guyot. Rep. Univ. An accessary obligation, and sometimes also the person who enters into an obligation as surety in which another is principal. Calv. Lex.

A phrise used in the law of divoree, and de- Tived from the criminallaw. Itimplies more than connivance, which is merely knowledge with consent. A conniver abstains from interference; an accessary directly commands, advises, or procures the adultery. A husband or wife who has been accesgary to the adultery of the other party to the marriage cannot obtain a divorce on the ground of such adultery. 20 & 21 Vict. c. 85, §3 29, 31. See Browne, Div.