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 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.