principal

all who have substantial legislative interests.

Leading; chief; more important. This word has several meanings. It is used in opposition to "accessary," to show the degree of crime committed by two persons. In estates, "principal" is used as opposed to "incident" or "accessory," to denote the more important subject to which others are appurtenant or ancillary, as in the rule: "The incident shall pass by the grant of the principal, but not the principal by the grant of the incident, — accessorium non ducit, sed sequitur suum principale." Co. Litt. 152a. It is used in opposition to "agent," and in this sense it signifies that the principal is the prime mover. It is used in opposition to "interest;" as, the principal being secured, the interest will follow. It is used also in opposition to "surety," to denote the person for whom the surety is bound. Thus, we say, the principal Is answerable before the surety. Principal is used also to denote the more important; as, the principal person. In the English law, the chief person in some of the inns of chancery is called "principal of the house." Principal is also used to designate the best of many things; as, the principal bed, the principal table, and the like. In Contracts'. One who, being competent sui juris to do any act for his own benefit or on his own account, confides it to another person to do for him. 1 Domat, bk. 1, tit. 15, Introd.; Story, Ag. § 3. In Criminal Law. Principals in crime are either in the first or second degree. his own hand, or by an inanimate agency U Bl. Comm. 34; 2 Sumn. [U. S.] 482), or by an innocent human agent (1 N. Y. 173; 1 Mass. 136)., A principal in the second degree is one who, being present at the commission of a crime by another, aids and abets him therein. There must be a guilty principal in the first degree. The principal in the second must be present, but constructive presence, as by keeping watch at a distance, is sufficient (83 N. Y. 408; 13 Nev. 386), and the principal in the second degree must in some manner assist or abet the principal offender; mere presence and acquiescence not being enough (81 111. 333; 45 Cal. 293). See "Aiding and Abetting;" "Presence." The distinction between principals and accessaries is not recognized in treason or in misdemeanors. 4 Bl. Comm. 35, 36.

Leading; chief; more important. This word has several njeanings. It is used in opposition to accessary, to show the degree of crime committed by two persons. Thus, we say, the principal is more guilty than the accessary after the fact. In estates, principal is used as opposed to incident or accessary: as in the following rule: “The incident shall pass by the grant of the principal; but not the principal by the grant of the incident: accessorium non ducit sed sequitur suum principal ” Co. Litt. 152a. It is used in opposition to agent, and in this sense it signifies that the principal is the prime mover. See Principal and Agent. It is used in opposition to interest: as, the principal being secured, the interest will follow. See Interest. The corpus or capital of the estate in contradistinction to the income. Money bearing interest; a capital sum lent on interest. It is used also in opposition to surety: thus, we say, the principal is answerable before the surety. See Suretyship; Guaranty. Principal is used also to denote the more important: as, the principal person. In the English law, the chief person in some of the inns of chancery is called principal of the house. Principal is also used to designate the best of many things: as, the principal bed, the principal table, and the like. In Criminal Law. The actor in the commission of a crime. All who are present, either actually or constructively, at the place of a crime, and are either aiding, abetting, assisting, or advising its commission, or are present for such purpose, are principals in the crime; U. S. v. Boyd, 45 Fed. 851. See Fernandez v. State, 25 Tex. App. 538, 8 S. W. G67. Principals are of two kinds, namely, principals in the first degree, and principals in the second degree. A principal in the first degree is one who is the actual perpetrator of the act. 1 Hale, PI. Cr. 233, G15; Hately v. State, 15 Ga. 346. But to constitute him such it is not necessary that he should be actually present when the offence is consummated; People v. Adams, 3 Denio (N. Y.) 190, 45 Am. Dec. 468; Smith v. State, 21 Tex. App. 107, 17 S. W. 552. For if one lay poison purposely for another, who takes it and is killed, the offender, though absent when it was taken, is a principal in the first degree; Clark, Cr. L. 83; 4 Bla. Com. 34; 1 Chitty, Cr. L. 257. And the offence may be committed in his absence, through the medium of an innocent agent: as, if a person incites a child under the age of discretion, or any other innorance of the fact, or other cause, to the commission of crime, the inciter, though absent when the act was committed, is ex necessitate liable for the act of his agent and a principal In the first degree; 1 Hale, PI. Or. 514; 2 Leach 978. But if the instrument be aware of the consequences of his act, he is a principal in the first degree; the employer, in such case, if present when the fact is committed, is a principal in the second degree, and, if absent, an accessary before the fact; 1 C. & K. 589; 1 Archb. Cr. L. 58. Principals in the second degree are those who are present aiding and abetting the commission of the act. Rasnick v. Com., 2 Va. Cas. 350. They are generally termed aiders and abettors, and sometimes, improperly, accomplices; for the latter term includes all the particeps criminis, whether principals in the first or second degree or mere accessaries. A person to be a principal in the second degree need not be actually present, an ear or eyewitness of the transaction. The presence may be constructive. He is, in construction of law, present aiding and abetting if, with the intention of giving assistance, he be near enough to afford it should the occasion arise. If, for instance, he be outside the house watching to prevent surprise or the like, whilst his companions are in the house committing a felony, such constructive presence is sufficient to make a principal in the second degree; Clark, Cr. L. 85; Com. v. Knapp, 9 Pick. (Mass.) 49G, 20 Am. Dec. 491; 9 C. & P. 437; Brennan v. People, 15 111. 511. There must, however, be a participation in the act; for although a person be present when a felony is committed, yet if he does not consent to the felonious purpose or contribute to its execution, he will not be a principal in the second degree merely because he does not endeavor to prevent the felony or apprehend the felon; 1 Russ. Cr. 27; 1 Hale, PI. Cr. 439; State v. Hildreth, 31 N. C. 440, 51 Am. Dec. 359; Connaughty v. State, 1 Wis. 159, GO Am. Dec. 370. The law recognizes no difference between the offence of principals in the first and principals in the second degree. And so immaterial is the distinction considered in practice that, if a man be indicted as principal in the first degree, proof that he was present aiding and abetting another in committing the offence, although his was not the hand which actually did it, will support the indictment; and if he be indicted as principal in the second degree, proof that he was not only present, but committed the offence with his own hand, will support the indictment. So, when an offence is punishable by a statute which makes no mention of principals in the second degree, such principals are within the meaning of the statute as much as the parties who actually commit In treason, and in offences below felony, and in all felonies in which the punishment of principals in the first degree and of principals in the second degree is the same, the indictment may charge all who are present and abet the fact as principals in the first degree, provided the offence permits of a participation, or specially, as aiders and abettors; Archb. Cr. PI. 7; Com. v. Chapman, 11 Cush. (Mass.) 422; 1 C. & M. 187. But where by particular statutes the punishment is different, then principals in the second degree must be indicted specially as aiders and abettors; Archb. Cr. PI. 7. If indicted as aiders and abettors, an indictment charging that A gave the mortal blow, and that B, C, and D were present aiding and abetting, will be sustained by evidence that B gave the blow, and that A, C, and D were present aiding and abetting; and even if it appears that the act was committed by a person not named in the indictment, the aiders and abettors may, nevertheless, be convicted; Dougl. 207; 1 East, PI. Cr. 350. And the same though the jury say that they are not satisfied which gave the blow, if they are satisfied that one of them did, and that the others were present aiding and abetting; 1 Den. Cr. Cas. 52; 2 C. & K. 382. See Access ary; Accomplice; Principal and Agent.

Chief; leading; highest in. rank or degree; most importent or considerable; primary; original; the source of authority or right. In the law relating to real and personal property, "principal" is used as the correlative of "accessory," and denotes the more important or valuable subject, with which others are connected in a relation of dependence or subservience, or to which they are incident or appurtenant.

In criminal law. A chief actor or perpetrator, as distinguished from an "accessary." A principal in the first degree is he that is the actor or absolute perpetrator of the crime; and, in the second degree, he who is present, aiding and abetting the fact to be done. 4 Bl. Comm. 34. And see Bean v. State, 17 Tex. App. 60; Mitchell v. Com., 33 Grat. (Vat) 868; Cooney v. Burke, 11 Neb. 258, 9 N. W. 57; Red v. State, 39 Tex. Cr. R. 667, 47 S. W. 1003, 73 Am. St. Rep. 965; State v. Phillips, 24 Mo. 481; Travis v. Com., 96 Ky. 77, 27 S. W. 863. All persons concerned in the commission of crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission. though not present, are principals. Pen. Code Dak. § 27. A criminal offender is either a principal or an accessary. 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 accessary is he who is not the chief actor in the offense, nor yet present at its performance, but is some way concerned therein, either before or after the fact committed. 1 Hnie, P. C. 613. 618. 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. In the law of agency. The employer or constitutor of an agent; the person who gives authority to an agent or attorney to do some aet for him. Adams v. Whittlesey, 3 Co.nn. 567. One, who, being competent sui juris to do any act for his own benefit or on his own account, confides it to another person to do for him. 1 Domat, b. 1, tit. 15. ' The term also denotes the capital sum of a debt or obligation, as distinguished from interest or other additions to it. Christian v. Superior Court, 122 Cal. 117, 54 Pac. 518. An heir-loom, mortuary, or corse-present Wharton.

— Vice principal. In the law of master and servant, this term means one to whom the employer has confided the entire charge of the business or of a distinct branch of it, giving him authority to superintend, direct, and control the workmen and make them obey his orders, the master himself exercising no particular oversight and giving no particular orders, or one to whom the master has delegated a duty of his own, which ls a direct, personal, and absolute obligation. See Durkin v. Kingston Co.al Co... 171 Pa. 193, 33 Atl. 237, 29 L. R. A. 808, 50 Am. St. Rep. SOI; Moore v. Railway Co.., 85 Mo. 588; Railroad Co. v. Bell, 112 Pa. 400, 4 Atl. 50; Lewis v. Seifert, 116 Pa. 628, 11 Atl. 514, 2 Am. St. Rep. 631; Minneapolis v. Lundin, 58 Fed. 525, 7 C. C. A. 344; Lindvall v. Woods (C. C.) 44 Fed. 855; Perras v. Booth. 82 Minn. 191, 84 N. W. 739; Van" Dusen v. Letellier, 78 Mich, 492, 44 N. W. 572; Hanna v. Granger, 18 R. I. 507, 28 Atl. 659. As to principal "Challenge," "Contract," "Fact," "Obligation," and "Office," see those titles.

Z. fr. Head; chief; principal.

* Leading; highest in importance. See Primary. 1. The original debt or sum loaned: as, in principal and interest. See Interest, 3 (S). 2. The moi'e worthy; opposed to accessory, appurtenant, incident, secondary, inferior, qq. V. Applied to estates, rights, and obligations. See Challenge,. 4. 3. The person primarily liable; the original debtor; opposed to bail, surety, qq. v. 4. The employer of an agent or attorney; opposed to agent, q. v. One primarily and ordinarily concerned, and who is not an accessary or auxiliary; as, the person receiving goods or employing workmen for his own advantage. An " agent " is a person employed to manage the aifairs of another; as, he who receives or employs workmen for another.* ^ Vice-principal. A servant to whom his master deputes general supervision of his work, with the power of appointment and dismissal; a deputy master. Especially is he a vice-principal who is engaged to manage a business distinct from the principal's regular occupation. Theword "manager," asasynonym, is somewhat ambiguous." See Manager, 1. 5. The chief actor in a crime; opposed to accessary. Either the chief actor, that is, the actual perpetrator of the crime, or else he is present aiding and abetting the fact to be done.' One present, consenting, aiding, procur- 1 Troy V. Evans, 97 U. S. 3 (1877); ib. 867, cases. ' Collins V. Gilbert, 94 U. S. 764 (1876), cases. s Commissioners v. Clark, 94 U. S. 285 (1876), cases. * li, p Hncipalis, taking'the first place; chief. » [Adams v. Whittlesey, 3 Conn. 567 (1821), Hosmer, Chief Justice. "Murphy v. Smith, 19 C. B. n. s. '366 (1865); Gallagher-d. Piper, 16 id. *669 (1864); Dwyer v. American. Express. Co.. 55 Wis. 436 (1882); Foley v. Chicago, &c. R Co., 64 Iowa, 630 (1884); 1 Shearm. & R. Neg. §§230ing, advising, or assisting in the commission of a crime. Each person present consenting to the commission of the offense, and doing any act which is either, an ingredient in the crime or immediately connected with or leading to its commission.! A principal in the first degree is he that is the actor or absolute perpetrator of the crime. A principal in the second degree is he who is present, aiding and abetting the fact to be done. 2 In treason and trespasses all participants are prin-, cipals. See further Aocessaby; Aid, 1; Presekob.

Chief, the one commanding; as agent. Principal challenge: v. Challenge.

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.

crim. law. A principal is one who is the actor in the tn the first degree, are those who have actually with their own hands committed the fact.—2. Principals in the second degree, are those who were present aiding and abetting the commission of the fact. ‘They are generally termed aiders and abettors, and sometimes, improperly, accomplices, (q. v-) The presence which is required in order to make a man principal in the second degree, need not be a strict actual, -immediate presence, such a presence as wou)d make him an eye or ear witness of what passes, but may be a constructive presence. It must be such as may be sufficient to afford aid and assistance to the principal in the first degree. 9 Pick. R. 496; 1 Russell, 21; Foster, 350.