Art And Part

In Scotch law. The offense committed by one who aids and assists the commission of a crime, but who is not the principal or chief actor in its actual commission. An accessary; a principal in the second degree. Paterson, Comp.

In Scots law. Contriver and partner. A term used to denote an accessory before and after the fact and also an aider and abettor in the commission of a crime; generally considered equivalent to the ope et consilio (q. v.) of the Roman law. By art is understood the mandate, instigation or advice given, while part expresses the share that one takes to himself by the aid or assistance which he gives.

In Seotch law. The offense committed by one who aids and assists the commission of a crime, but who is not the principal or chief actor in ils actual commission. Anaccessary. A principal in the second degree. Paters. Comp. stolen goods in his possession he was allowed alawful arthel, i. e., vouchee, to clear him of the felony; but provision waa made against it by 28 Hen, VIII. c. 6. Blount.

In Scotch crimmal law. A technical term used to denote an accessory before and after the fact, and also an aider and abettor m the commission of a crime; generally considered equivalent to the ope et consilio (q. v.) of the Roman law.* Ersk, Inst. b. 4, tit. 4, § 10. 2 Forbes Inst, part 1, b. 1, c. 1. By ar< ia understood the mandate, instigation or advice that may have been given towards committing the crime; part expresses the share that one takes to lumself in it, by the aid or assistance which he gives the criminal in the commission of it. JSrsk. Inst. ub. sup. Though expressed in a conjunctive form, it does not however necessarily import both descriptions of guilt; since one may become art and part, either, 1. by giving a warrant or mandate to commit the crime; or, 2. by giving counsel or advice to the criminal how to conduct himself in it; or, 3. by his assistance in the execution of it. Ersk. Inst. ub. sup. The derivation of this phrase is uncertam. Sir George Mackenzie, in his " Discourse upon the laws and customs of Scotland in matters criminal," says that by art is meant that the crime was oontrived by the art or skill of the accused, {eorum arte;) and that by part is meant that they were sharers in the crime committed, {et quorum pars m Mffnafui.) By other writers it has been considered as an abbreviation of the Latin phrase artifex et particeps. See P. Cyclopedia.

in_ the Scotch law,.is where one is accessary to acrime committed by another; 8 person may be guilty, art and part, either by giving advice or counsel to commit the crime; or, 2, by giving warrant or mandate to commit it; or, 3, by actually assistng the criminal in the execution. nm the more atrocious crimes, it seems agreed, that the adviser is equally punishable with the criminal; and that in the slighter offences, the circumstances arising from the adviser’s lesser age, the jocular or careless manner of giving the advice, &c., may be received as pleas for softening the punishment. One who gives a mandate to commit a crime, as he is the first spring of the action, seems more guilty than the person employed as the instrument in executing it. Assistance may be given to the committer of a crime, not only in the actual execution, but previous to other means of perpetrating it. That sort of assistance which is not given till after the criminal act, and which is commonly called abetting, though it be itself criminal, does not infer art and part of the principal crime. Ersk. Pr. L. Scot. 4, 4, 43 Mack. Cr. Treat. Tit. Art and Part. ARTICLES OF AGREE-