| slovo | definícia |
principal
(mass) | principal
- najdôležitejší |
principal
(encz) | principal,hlavní adj: |
principal
(encz) | principal,jistina n: [fin.] Mgr. Dita Gálová |
principal
(encz) | principal,ředitel n: jose |
principal
(encz) | principal,šéf n: Pavel Machek; Giza |
principal
(encz) | principal,zmocnitel n: Zdeněk Brož |
Principal
(gcide) | Principal \Prin"ci*pal\, n.
1. A leader, chief, or head; one who takes the lead; one who
acts independently, or who has controlling authority or
influence; as, the principal of a faction, a school, a
firm, etc.; -- distinguished from a subordinate,
abettor, auxiliary, or assistant.
[1913 Webster]
2. Hence: (Law)
(a) The chief actor in a crime, or an abettor who is
present at it, -- as distinguished from an accessory.
(b) A chief obligor, promisor, or debtor, -- as
distinguished from a surety.
(c) One who employs another to act for him, -- as
distinguished from an agent. --Wharton. --Bouvier.
--Burrill.
[1913 Webster]
3. A thing of chief or prime importance; something
fundamental or especially conspicuous. Specifically:
(a) (Com.) A capital sum of money, placed out at interest,
due as a debt or used as a fund; -- so called in
distinction from interest or profit.
(b) (Arch. & Engin.) The construction which gives shape
and strength to a roof, -- generally a truss of timber
or iron, but there are roofs with stone principals.
Also, loosely, the most important member of a piece of
framing.
(c) (Mus.) In English organs the chief open metallic stop,
an octave above the open diapason. On the manual it is
four feet long, on the pedal eight feet. In Germany
this term corresponds to the English open diapason.
(d) (O. Eng. Law) A heirloom; a mortuary. --Cowell.
(e) pl. The first two long feathers of a hawk's wing.
--Spenser. --J. H. Walsh.
(f) One of turrets or pinnacles of waxwork and tapers with
which the posts and center of a funeral hearse were
formerly crowned. --Oxf. Gloss.
(g) A principal or essential point or rule; a principle.
[Obs.]
[1913 Webster] |
Principal
(gcide) | Principal \Prin"ci*pal\, a. [F., from L. principalis. See
Prince.]
1. Highest in rank, authority, character, importance, or
degree; most considerable or important; chief; main; as,
the principal officers of a Government; the principal men
of a state; the principal productions of a country; the
principal arguments in a case.
[1913 Webster]
Wisdom is the principal thing. --Prov. iv. 7.
[1913 Webster]
2. Of or pertaining to a prince; princely. [A Latinism]
[Obs.] --Spenser.
[1913 Webster]
Principal axis. See Axis of a curve, under Axis.
Principal axes of a quadric (Geom.), three lines in which
the principal planes of the solid intersect two and two,
as in an ellipsoid.
Principal challenge. (Law) See under Challenge.
Principal plane. See Plane of projection
(a), under Plane.
Principal of a quadric (Geom.), three planes each of which
is at right angles to the other two, and bisects all
chords of the quadric perpendicular to the plane, as in an
ellipsoid.
Principal point (Persp.), the projection of the point of
sight upon the plane of projection.
Principal ray (Persp.), the line drawn through the point of
sight perpendicular to the perspective plane.
Principal section (Crystallog.), a plane passing through
the optical axis of a crystal.
[1913 Webster] |
principal
(wn) | principal
adj 1: most important element; "the chief aim of living"; "the
main doors were of solid glass"; "the principal rivers of
America"; "the principal example"; "policemen were
primary targets"; "the master bedroom"; "a master switch"
[syn: chief(a), main(a), primary(a),
principal(a), master(a)]
n 1: the original amount of a debt on which interest is
calculated
2: the educator who has executive authority for a school; "she
sent unruly pupils to see the principal" [syn: principal,
school principal, head teacher, head]
3: an actor who plays a principal role [syn: star,
principal, lead]
4: capital as contrasted with the income derived from it [syn:
principal, corpus, principal sum]
5: (criminal law) any person involved in a criminal offense,
regardless of whether the person profits from such
involvement
6: the major party to a financial transaction at a stock
exchange; buys and sells for his own account [syn:
principal, dealer] |
PRINCIPAL
(bouvier) | PRINCIPAL. This word has several meanings. 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.
2. In estates, principal is used as opposed to incident or accessory;
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 principale." Co. Litt. 152, a.
3. It is used in opposition to agent, and in this sense it signifies
that the principal is the prime mover.
4. It is used in opposition to interest; as, the principal being
secured tho interest will follow.
5. It is used also in opposition to surety; thus, we say the principal
is answerable before the surety.
6. Principal is used also to denote the more important; as, the
principal person.
7. 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 best bed, the best table, and the like.
|
PRINCIPAL
(bouvier) | PRINCIPAL, contracts. One who, being competent to contract, and who is sui
juris, employs another to do any act for his own benefit, or on his own
account.
2. As a general rule, it may be said, that every person, sui juris, is
capable of being a principal, for in all cases where a man has power as
owner, or in his own right to do anything, he may do it by another. 16 John.
86; 9 Co. 75; Com. Dig. Attorney, C 1; Heinec. ad Pand. P. 1, lib. 3, tit.
Sec. 424.
3. Married women, and persons who are deprived of understanding, as
idiots, lunatics, and others, not sui juris, are wholly incapable of
entering into any contract, and, consequently, cannot appoint an agent.
Infants and married women are generally, incapable but, under special
circumstances, they may make such appointments. For instance, an infant may
make an attorney, when it is for his benefit; but lie cannot enter into any
contract which is to his prejudice. Com. Dig. Enfant, C 2; Perk. 13; 9 Co.
75; 3 Burr. 1804. A married woman cannot, in general, appoint an agent or
attorney, and when it is requisite that one should be appointed, the husband
generally appoints for both. Perhaps for her separate property she may, with
her husband, appoint an agent or attorney; Cro. Car. 165,; 2 Leon. 200; 2
Bulst. R. 13; but this seems to be doubted. Cro. Jac. 617; Yelv. 1; 1
Brownl. 134; 2 Brownl. 248; Adams' Ej. 174; Runn. Ej. 148.
4. A principal has rights which he can enforce, and is liable to
obligations which he must perform. These will be briefly considered: 1. The
rights to which principals are entitled arise from obligations due to them
by their agents, or by third persons.
5.-1st. The rights against their agents, are, 1. To call them to an
account at all times, in relation to the business of their agency. 2. When
the agent violates his obligations to his principal, either by exceeding his
authority, or by positive misconduct, or by mere negligence or omissions in
the discharge of the functions of his agency, or in any other manner, and
any loss or damage falls on his principal, the latter will be entitled to
full indemnity. Paley on Ag. by Lloyd, 7, 71, 74, and note 2 12 Pick. 328; 1
B. & Adolph. 415; 1 Liverm. Ag. 398. 3. The principal has a right to
supersede his agent, where each may maintain a suit against a third person,
by suing in his own name; and he may, by his own intervention, intercept,
suspend, or extinguish the right of the agent under the contract. Paley Ag.
by Lloyd, 362; 7 Taunt. 237, 243; 1 M. & S. 576 1 Liverm. Ag. 226-228; 2 W.
C. C. R. 283; 3 Chit. Com. Law, 201-203.
6.-2d. The principal's rights against third persons. 1. When a contract
is made by the agent with a third person in the name of his principal, the
latter may enforce it by action. But to this rule there are some exceptions
1st. When the instrument is under seal, and it has been exclusively made
between the agent and the third person; as, for example, a charter party or
bottomry bond in this case the principal cannot sue on it. See 1 Paine, Cir.
R. 252; 3 W. C. C. R. 560; 1 M. &. S. 573; Abbott, Ship, pt. 3, c. 1, s. 2.
2d. When an exclusive credit is given to and by the agent, and therefore the
principal cannot be considered in any manner a party to the contract,
although he may have authorized it, and be entitled to all the benefits
arising from it. The case of a foreign factor, buying or selling goods, is
an example of this kind: he is treated as between himself and the other
party, as the sole contractor, and the real principal cannot sue or be sued
on the contract. This, it has been well observed, is a general rule of
commercial law, founded upon the known usage of trade; and it is strictly
adhered to for the safety and convenience of foreign commerce. Story, Ag.
Sec. 423; Smith Mer. Law, 66; 15 East, R. 62; 9 B. & C. 87. 3d. When the
agent, has a lien or claim upon the property bought or sold, or upon its
proceeds, when it equals or exceeds the amount of its value. Story, Ag. Sec.
407, 408, 424.
7.-2. But contracts are not unfrequently made without mentioning the
name of the principal; in such case he may avail himself of the agreement,
for the contract will be treated as that of the principal, as well as of the
agent. Story, Ag. Sec. 109, 111, 403, 410, 417, 440; Paley, Ag. by Lloyd,
21, 22; Marsh. Ins. b. 1, c. 8, Sec. 3, p. 311; 2 Kent's Com. 3d edit. 630;
3 Chit. Com. Law, 201; vide 1 Paine's C. C. Rep. 252.
8.-3. Third persons are also liable to the principal for any tort or
injury done to his property or rights in the course of the agency. Pal. Ag.
by Lloyd, 363; Story, Ag. Sec. 436; 3 Chit. Com. Law, 205, 206; 15 East, R.
38.
9.-2. The liabilities of the principal are either to his agent or to
third persons.
10.-1st. The liabilities of the principal to his agent, are, 1. To
reimburse him all expenses he may have lawfully incurred about the agency.
Story, Ag. Sec. 335 Story, Bailm. Sec. 196, 197; 2 Liv. Ag. 11 to 33.
2. To pay him his commissions as agreed upon, or according to the usage
of trade, except in cases of gratuitous agency. Story, Ag. Sec. 323; Story,
Bailm. 153, 154, 196 to 201. 3. To indemnify the agent when he has sustained
damages in consequence of the principal's conduct for example, when the
agent has innocently sold the goods of a third person, under the direction
or authority of his principal, and a third person recovers damages against
the agent, the latter will be entitled to reimbursement from the principal.
Pal. Ag. by Lloyd, 152, 301; 2 John. Cas. 54; 17 John. 142; 14 Pick. 174.
11.-2d. The liabilities of the principal to third persons, are, 1. To
fulfill all the engagements made by the agent, for or in the name of the
principal, and which come within the scope of his authority. Story, Ag. Sec.
126.
2. When a man stands by and permits another to do an act in his name,
his authority will be presumed. Vide Authority, and 2 Kent, Com. 3d edit.
614; Story, Ag. Sec. 89, 90, 91; and articles Assent; Consent.
3. The principal is liable to third persons for the misfeasance,
negligence, or omission of duty of his agent; but he has a remedy over
against the agent, when the injury has occurred in consequence of his
misconduct or culpable neglect; Story, Ag. Sec. 308; Paley, Ag. by Lloyd,
152, 3; 1 Metc. 560; 1 B. Mont. 292; 5 B. Monr. 25; 9 W. & S. 72; 8 Pick.
23; 6 Gill & John. 292; 4 Q. B. 298; 1 Hare & Wall. Sel. Dee. 467; Dudl. So.
Car. R. 265, 268; 5 Humph. 397; 2 Murph. 389; 1 Ired. 240; but the principal
is not liable for torts committed by the agent without authority. 5 Humph.
397; 2 Murph. 389; 19 Wend. 343; 2 Metc. 853. A principal is also liable
for the misconduct of a sub-agent, when retained by his direction, either
express or implied. 1 B. & P. 404; 15 East, 66.
12. The general, rule, that a principal cannot be charged with injuries
committed by his agent without his assent, admits of one exception, for
reasons of policy. A sheriff is liable, even under a penal statute, for all
injurious acts, willful or negligent, done by his appointed officers, colore
officii, when charged and deputed by him to execute the law. The sheriff is,
therefore, liable where his deputy wrongfully executes a writ; Dougl. 40; or
where he takes illegal fees. 2 E. N. P. C. 585.
13. But the principal may be liable for his agent's misconduct, when he
has agreed, either expressly or by implication, to be so liable. 8 T. R.
531; 2 Cas. N. P. C. 42. Vide Bouv. Inst. Index, h.t.; Agency; Agent.
|
PRINCIPAL
(bouvier) | PRINCIPAL, crim. law. A principal is one who is the actor in the commission
of a crime.
2. Principals are of two kinds; namely, 1. Principals in the first
degree, are those who have actually with their own hands committed the fact,
or have committed it through an innocent agent incapable himself, of doing
so; as an example of the latter kind, may be mentioned the case of a person
who incites a child wanting discretion, or a person non compos, to the
commission of murder, or any other crime, the incitor, though absent, when
the crime was committed, is, ex necessitate, liable for the acts of his
agent and is a principal in the first degree. Fost. 340; 1 East, P. C. 118;
1 Hawk. c. 31, s. 7; 1 N. R. 92; 2 Leach, 978. It is not requisite that each
of the principals should be present at the entire transaction. 2 East, P. C.
767. For example, where several persons agree to forge an instrument, and
each performs some part of the forgery in pursuance of the common plan, each
is principal in the forgery, although one may be away when it is signed. R.
& R. C. C. 304; Mo. C. C. 304, 307.
3.-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
would 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.
4. It is evident from the definition that to make a wan a principal, he
must be an actor in the commission of the crime and, therefore, if a man
happen merely to be present when a felony is committed without taking any
part in it or aiding those who do, he will not, for that reason, be
considered a principal. 1 Hale, P. C. 439; Foster, 350.
|
| | podobné slovo | definícia |
principality
(mass) | principality
- kniežatstvo |
principally
(mass) | principally
- hlavne, väčšinou |
principal axis
(encz) | principal axis, n: |
principal diagonal
(encz) | principal diagonal, n: |
principal enemy
(encz) | principal enemy,úhlavní nepřítel n: Pino |
principal income earner
(encz) | principal income earner, |
principal investigator
(encz) | principal investigator, n: |
principal office of the fund
(encz) | principal office of the Fund, |
principal parts
(encz) | principal parts, |
principal reserve asset
(encz) | principal reserve asset, |
principal sum
(encz) | principal sum, n: |
principalities
(encz) | principalities, |
principality
(encz) | principality,knížectví n: Zdeněk Brož |
principally
(encz) | principally,hlavně adv: Zdeněk Brožprincipally,většinou adv: Pavel Cvrčekprincipally,zejména adv: Zdeněk Brož |
principals
(encz) | principals,principy n: pl. Zdeněk Brož |
principalship
(encz) | principalship, n: |
school principal
(encz) | school principal, n: |
Campephilus principalis
(gcide) | ivorybill \i"vo*ry*bill`\, Ivory-bill
\I"vo*ry-bill`\([imac]"v[-o]*r[y^]*b[i^]l`), n. (Zool.)
A large, handsome, black-and-white North American woodpecker
(Campephilus principalis), having a large, sharp,
ivory-colored beak. Its general color is glossy black, with
white secondaries, and a white dorsal stripe. The male has a
large, scarlet crest. It is now rare, and found only in the
Gulf States and Cuba.
Syn: ivory-billed woodpecker, Campephilus principalis.
[1913 Webster]Woodpecker \Wood"peck`er\, n. (Zool.)
Any one of numerous species of scansorial birds belonging to
Picus and many allied genera of the family Picidae.
[1913 Webster]
Note: These birds have the tail feathers pointed and rigid at
the tip to aid in climbing, and a strong chisellike
bill with which they are able to drill holes in the
bark and wood of trees in search of insect larvae upon
which most of the species feed. A few species feed
partly upon the sap of trees (see Sap sucker, under
Sap), others spend a portion of their time on the
ground in search of ants and other insects.
[1913 Webster] The most common European species are the
greater spotted woodpecker (Dendrocopus major), the
lesser spotted woodpecker (Dendrocopus minor), and
the green woodpecker, or yaffle (see Yaffle).
[1913 Webster] The best-known American species are the
pileated woodpecker (see under Pileated), the
ivory-billed woodpecker (Campephilus principalis),
which is one of the largest known species, the
red-headed woodpecker, or red-head ({Melanerpes
erythrocephalus}), the red-bellied woodpecker
(Melanerpes Carolinus) (see Chab), the superciliary
woodpecker (Melanerpes superciliaris), the hairy
woodpecker (Dryobates villosus), the downy woodpecker
(Dryobates pubescens), the three-toed, woodpecker
(Picoides Americanus), the golden-winged woodpecker
(see Flicker), and the sap suckers. See also
Carpintero.
[1913 Webster]
Woodpecker hornbill (Zool.), a black and white Asiatic
hornbill (Buceros pica) which resembles a woodpecker in
color.
[1913 Webster] |
Principal
(gcide) | Principal \Prin"ci*pal\, n.
1. A leader, chief, or head; one who takes the lead; one who
acts independently, or who has controlling authority or
influence; as, the principal of a faction, a school, a
firm, etc.; -- distinguished from a subordinate,
abettor, auxiliary, or assistant.
[1913 Webster]
2. Hence: (Law)
(a) The chief actor in a crime, or an abettor who is
present at it, -- as distinguished from an accessory.
(b) A chief obligor, promisor, or debtor, -- as
distinguished from a surety.
(c) One who employs another to act for him, -- as
distinguished from an agent. --Wharton. --Bouvier.
--Burrill.
[1913 Webster]
3. A thing of chief or prime importance; something
fundamental or especially conspicuous. Specifically:
(a) (Com.) A capital sum of money, placed out at interest,
due as a debt or used as a fund; -- so called in
distinction from interest or profit.
(b) (Arch. & Engin.) The construction which gives shape
and strength to a roof, -- generally a truss of timber
or iron, but there are roofs with stone principals.
Also, loosely, the most important member of a piece of
framing.
(c) (Mus.) In English organs the chief open metallic stop,
an octave above the open diapason. On the manual it is
four feet long, on the pedal eight feet. In Germany
this term corresponds to the English open diapason.
(d) (O. Eng. Law) A heirloom; a mortuary. --Cowell.
(e) pl. The first two long feathers of a hawk's wing.
--Spenser. --J. H. Walsh.
(f) One of turrets or pinnacles of waxwork and tapers with
which the posts and center of a funeral hearse were
formerly crowned. --Oxf. Gloss.
(g) A principal or essential point or rule; a principle.
[Obs.]
[1913 Webster]Principal \Prin"ci*pal\, a. [F., from L. principalis. See
Prince.]
1. Highest in rank, authority, character, importance, or
degree; most considerable or important; chief; main; as,
the principal officers of a Government; the principal men
of a state; the principal productions of a country; the
principal arguments in a case.
[1913 Webster]
Wisdom is the principal thing. --Prov. iv. 7.
[1913 Webster]
2. Of or pertaining to a prince; princely. [A Latinism]
[Obs.] --Spenser.
[1913 Webster]
Principal axis. See Axis of a curve, under Axis.
Principal axes of a quadric (Geom.), three lines in which
the principal planes of the solid intersect two and two,
as in an ellipsoid.
Principal challenge. (Law) See under Challenge.
Principal plane. See Plane of projection
(a), under Plane.
Principal of a quadric (Geom.), three planes each of which
is at right angles to the other two, and bisects all
chords of the quadric perpendicular to the plane, as in an
ellipsoid.
Principal point (Persp.), the projection of the point of
sight upon the plane of projection.
Principal ray (Persp.), the line drawn through the point of
sight perpendicular to the perspective plane.
Principal section (Crystallog.), a plane passing through
the optical axis of a crystal.
[1913 Webster] |
Principal axes of a quadric
(gcide) | Principal \Prin"ci*pal\, a. [F., from L. principalis. See
Prince.]
1. Highest in rank, authority, character, importance, or
degree; most considerable or important; chief; main; as,
the principal officers of a Government; the principal men
of a state; the principal productions of a country; the
principal arguments in a case.
[1913 Webster]
Wisdom is the principal thing. --Prov. iv. 7.
[1913 Webster]
2. Of or pertaining to a prince; princely. [A Latinism]
[Obs.] --Spenser.
[1913 Webster]
Principal axis. See Axis of a curve, under Axis.
Principal axes of a quadric (Geom.), three lines in which
the principal planes of the solid intersect two and two,
as in an ellipsoid.
Principal challenge. (Law) See under Challenge.
Principal plane. See Plane of projection
(a), under Plane.
Principal of a quadric (Geom.), three planes each of which
is at right angles to the other two, and bisects all
chords of the quadric perpendicular to the plane, as in an
ellipsoid.
Principal point (Persp.), the projection of the point of
sight upon the plane of projection.
Principal ray (Persp.), the line drawn through the point of
sight perpendicular to the perspective plane.
Principal section (Crystallog.), a plane passing through
the optical axis of a crystal.
[1913 Webster] |
Principal axis
(gcide) | Principal \Prin"ci*pal\, a. [F., from L. principalis. See
Prince.]
1. Highest in rank, authority, character, importance, or
degree; most considerable or important; chief; main; as,
the principal officers of a Government; the principal men
of a state; the principal productions of a country; the
principal arguments in a case.
[1913 Webster]
Wisdom is the principal thing. --Prov. iv. 7.
[1913 Webster]
2. Of or pertaining to a prince; princely. [A Latinism]
[Obs.] --Spenser.
[1913 Webster]
Principal axis. See Axis of a curve, under Axis.
Principal axes of a quadric (Geom.), three lines in which
the principal planes of the solid intersect two and two,
as in an ellipsoid.
Principal challenge. (Law) See under Challenge.
Principal plane. See Plane of projection
(a), under Plane.
Principal of a quadric (Geom.), three planes each of which
is at right angles to the other two, and bisects all
chords of the quadric perpendicular to the plane, as in an
ellipsoid.
Principal point (Persp.), the projection of the point of
sight upon the plane of projection.
Principal ray (Persp.), the line drawn through the point of
sight perpendicular to the perspective plane.
Principal section (Crystallog.), a plane passing through
the optical axis of a crystal.
[1913 Webster]Axis \Ax"is\, n.; pl. Axes. [L. axis axis, axle. See Axle.]
A straight line, real or imaginary, passing through a body,
on which it revolves, or may be supposed to revolve; a line
passing through a body or system around which the parts are
symmetrically arranged.
[1913 Webster]
2. (Math.) A straight line with respect to which the
different parts of a magnitude are symmetrically arranged;
as, the axis of a cylinder, i. e., the axis of a cone,
that is, the straight line joining the vertex and the
center of the base; the axis of a circle, any straight
line passing through the center.
[1913 Webster]
3. (Bot.) The stem; the central part, or longitudinal
support, on which organs or parts are arranged; the
central line of any body. --Gray.
[1913 Webster]
4. (Anat.)
(a) The second vertebra of the neck, or {vertebra
dentata}.
(b) Also used of the body only of the vertebra, which is
prolonged anteriorly within the foramen of the first
vertebra or atlas, so as to form the odontoid process
or peg which serves as a pivot for the atlas and head
to turn upon.
[1913 Webster]
5. (Crystallog.) One of several imaginary lines, assumed in
describing the position of the planes by which a crystal
is bounded.
[1913 Webster]
6. (Fine Arts) The primary or secondary central line of any
design.
[1913 Webster]
Anticlinal axis (Geol.), a line or ridge from which the
strata slope downward on the two opposite sides.
Synclinal axis, a line from which the strata slope upward
in opposite directions, so as to form a valley.
Axis cylinder (Anat.), the neuraxis or essential, central
substance of a nerve fiber; -- called also axis band,
axial fiber, and cylinder axis.
Axis in peritrochio, the wheel and axle, one of the
mechanical powers.
Axis of a curve (Geom.), a straight line which bisects a
system of parallel chords of a curve; called a {principal
axis}, when cutting them at right angles, in which case it
divides the curve into two symmetrical portions, as in the
parabola, which has one such axis, the ellipse, which has
two, or the circle, which has an infinite number. The two
axes of the ellipse are the major axis and the {minor
axis}, and the two axes of the hyperbola are the
transverse axis and the conjugate axis.
Axis of a lens, the straight line passing through its
center and perpendicular to its surfaces.
Axis of a microscope or Axis of a telescope, the straight
line with which coincide the axes of the several lenses
which compose it.
Axes of co["o]rdinates in a plane, two straight lines
intersecting each other, to which points are referred for
the purpose of determining their relative position: they
are either rectangular or oblique.
Axes of co["o]rdinates in space, the three straight lines
in which the co["o]rdinate planes intersect each other.
Axis of a balance, that line about which it turns.
Axis of oscillation, of a pendulum, a right line passing
through the center about which it vibrates, and
perpendicular to the plane of vibration.
Axis of polarization, the central line around which the
prismatic rings or curves are arranged. --Brewster.
Axis of revolution (Descriptive Geom.), a straight line
about which some line or plane is revolved, so that the
several points of the line or plane shall describe circles
with their centers in the fixed line, and their planes
perpendicular to it, the line describing a surface of
revolution, and the plane a solid of revolution.
Axis of symmetry (Geom.), any line in a plane figure which
divides the figure into two such parts that one part, when
folded over along the axis, shall coincide with the other
part.
Axis of the equator, ecliptic, horizon (or other circle
considered with reference to the sphere on which it lies),
the diameter of the sphere which is perpendicular to the
plane of the circle. --Hutton.
Axis of the Ionic capital (Arch.), a line passing
perpendicularly through the middle of the eye of the
volute.
Neutral axis (Mech.), the line of demarcation between the
horizontal elastic forces of tension and compression,
exerted by the fibers in any cross section of a girder.
Optic axis of a crystal, the direction in which a ray of
transmitted light suffers no double refraction. All
crystals, not of the isometric system, are either uniaxial
or biaxial.
Optic axis, Visual axis (Opt.), the straight line passing
through the center of the pupil, and perpendicular to the
surface of the eye.
Radical axis of two circles (Geom.), the straight line
perpendicular to the line joining their centers and such
that the tangents from any point of it to the two circles
shall be equal to each other.
Spiral axis (Arch.), the axis of a twisted column drawn
spirally in order to trace the circumvolutions without.
Axis of abscissas and Axis of ordinates. See Abscissa.
[1913 Webster] |
principal axis
(gcide) | Principal \Prin"ci*pal\, a. [F., from L. principalis. See
Prince.]
1. Highest in rank, authority, character, importance, or
degree; most considerable or important; chief; main; as,
the principal officers of a Government; the principal men
of a state; the principal productions of a country; the
principal arguments in a case.
[1913 Webster]
Wisdom is the principal thing. --Prov. iv. 7.
[1913 Webster]
2. Of or pertaining to a prince; princely. [A Latinism]
[Obs.] --Spenser.
[1913 Webster]
Principal axis. See Axis of a curve, under Axis.
Principal axes of a quadric (Geom.), three lines in which
the principal planes of the solid intersect two and two,
as in an ellipsoid.
Principal challenge. (Law) See under Challenge.
Principal plane. See Plane of projection
(a), under Plane.
Principal of a quadric (Geom.), three planes each of which
is at right angles to the other two, and bisects all
chords of the quadric perpendicular to the plane, as in an
ellipsoid.
Principal point (Persp.), the projection of the point of
sight upon the plane of projection.
Principal ray (Persp.), the line drawn through the point of
sight perpendicular to the perspective plane.
Principal section (Crystallog.), a plane passing through
the optical axis of a crystal.
[1913 Webster]Axis \Ax"is\, n.; pl. Axes. [L. axis axis, axle. See Axle.]
A straight line, real or imaginary, passing through a body,
on which it revolves, or may be supposed to revolve; a line
passing through a body or system around which the parts are
symmetrically arranged.
[1913 Webster]
2. (Math.) A straight line with respect to which the
different parts of a magnitude are symmetrically arranged;
as, the axis of a cylinder, i. e., the axis of a cone,
that is, the straight line joining the vertex and the
center of the base; the axis of a circle, any straight
line passing through the center.
[1913 Webster]
3. (Bot.) The stem; the central part, or longitudinal
support, on which organs or parts are arranged; the
central line of any body. --Gray.
[1913 Webster]
4. (Anat.)
(a) The second vertebra of the neck, or {vertebra
dentata}.
(b) Also used of the body only of the vertebra, which is
prolonged anteriorly within the foramen of the first
vertebra or atlas, so as to form the odontoid process
or peg which serves as a pivot for the atlas and head
to turn upon.
[1913 Webster]
5. (Crystallog.) One of several imaginary lines, assumed in
describing the position of the planes by which a crystal
is bounded.
[1913 Webster]
6. (Fine Arts) The primary or secondary central line of any
design.
[1913 Webster]
Anticlinal axis (Geol.), a line or ridge from which the
strata slope downward on the two opposite sides.
Synclinal axis, a line from which the strata slope upward
in opposite directions, so as to form a valley.
Axis cylinder (Anat.), the neuraxis or essential, central
substance of a nerve fiber; -- called also axis band,
axial fiber, and cylinder axis.
Axis in peritrochio, the wheel and axle, one of the
mechanical powers.
Axis of a curve (Geom.), a straight line which bisects a
system of parallel chords of a curve; called a {principal
axis}, when cutting them at right angles, in which case it
divides the curve into two symmetrical portions, as in the
parabola, which has one such axis, the ellipse, which has
two, or the circle, which has an infinite number. The two
axes of the ellipse are the major axis and the {minor
axis}, and the two axes of the hyperbola are the
transverse axis and the conjugate axis.
Axis of a lens, the straight line passing through its
center and perpendicular to its surfaces.
Axis of a microscope or Axis of a telescope, the straight
line with which coincide the axes of the several lenses
which compose it.
Axes of co["o]rdinates in a plane, two straight lines
intersecting each other, to which points are referred for
the purpose of determining their relative position: they
are either rectangular or oblique.
Axes of co["o]rdinates in space, the three straight lines
in which the co["o]rdinate planes intersect each other.
Axis of a balance, that line about which it turns.
Axis of oscillation, of a pendulum, a right line passing
through the center about which it vibrates, and
perpendicular to the plane of vibration.
Axis of polarization, the central line around which the
prismatic rings or curves are arranged. --Brewster.
Axis of revolution (Descriptive Geom.), a straight line
about which some line or plane is revolved, so that the
several points of the line or plane shall describe circles
with their centers in the fixed line, and their planes
perpendicular to it, the line describing a surface of
revolution, and the plane a solid of revolution.
Axis of symmetry (Geom.), any line in a plane figure which
divides the figure into two such parts that one part, when
folded over along the axis, shall coincide with the other
part.
Axis of the equator, ecliptic, horizon (or other circle
considered with reference to the sphere on which it lies),
the diameter of the sphere which is perpendicular to the
plane of the circle. --Hutton.
Axis of the Ionic capital (Arch.), a line passing
perpendicularly through the middle of the eye of the
volute.
Neutral axis (Mech.), the line of demarcation between the
horizontal elastic forces of tension and compression,
exerted by the fibers in any cross section of a girder.
Optic axis of a crystal, the direction in which a ray of
transmitted light suffers no double refraction. All
crystals, not of the isometric system, are either uniaxial
or biaxial.
Optic axis, Visual axis (Opt.), the straight line passing
through the center of the pupil, and perpendicular to the
surface of the eye.
Radical axis of two circles (Geom.), the straight line
perpendicular to the line joining their centers and such
that the tangents from any point of it to the two circles
shall be equal to each other.
Spiral axis (Arch.), the axis of a twisted column drawn
spirally in order to trace the circumvolutions without.
Axis of abscissas and Axis of ordinates. See Abscissa.
[1913 Webster] |
Principal challenge
(gcide) | Principal \Prin"ci*pal\, a. [F., from L. principalis. See
Prince.]
1. Highest in rank, authority, character, importance, or
degree; most considerable or important; chief; main; as,
the principal officers of a Government; the principal men
of a state; the principal productions of a country; the
principal arguments in a case.
[1913 Webster]
Wisdom is the principal thing. --Prov. iv. 7.
[1913 Webster]
2. Of or pertaining to a prince; princely. [A Latinism]
[Obs.] --Spenser.
[1913 Webster]
Principal axis. See Axis of a curve, under Axis.
Principal axes of a quadric (Geom.), three lines in which
the principal planes of the solid intersect two and two,
as in an ellipsoid.
Principal challenge. (Law) See under Challenge.
Principal plane. See Plane of projection
(a), under Plane.
Principal of a quadric (Geom.), three planes each of which
is at right angles to the other two, and bisects all
chords of the quadric perpendicular to the plane, as in an
ellipsoid.
Principal point (Persp.), the projection of the point of
sight upon the plane of projection.
Principal ray (Persp.), the line drawn through the point of
sight perpendicular to the perspective plane.
Principal section (Crystallog.), a plane passing through
the optical axis of a crystal.
[1913 Webster]Challenge \Chal"lenge\, n. [OE. chalenge claim, accusation,
challenge, OF. chalenge, chalonge, claim, accusation,
contest, fr. L. calumnia false accusation, chicanery. See
Calumny.]
1. An invitation to engage in a contest or controversy of any
kind; a defiance; specifically, a summons to fight a duel;
also, the letter or message conveying the summons.
[1913 Webster]
A challenge to controversy. --Goldsmith.
[1913 Webster]
2. The act of a sentry in halting any one who appears at his
post, and demanding the countersign.
[1913 Webster]
3. A claim or demand. [Obs.]
[1913 Webster]
There must be no challenge of superiority.
--Collier.
[1913 Webster]
4. (Hunting) The opening and crying of hounds at first
finding the scent of their game.
[1913 Webster]
5. (Law) An exception to a juror or to a member of a court
martial, coupled with a demand that he should be held
incompetent to act; the claim of a party that a certain
person or persons shall not sit in trial upon him or his
cause. --Blackstone
[1913 Webster]
6. An exception to a person as not legally qualified to vote.
The challenge must be made when the ballot is offered. [U.
S.]
[1913 Webster]
Challenge to the array (Law), an exception to the whole
panel.
Challenge to the favor, the alleging a special cause, the
sufficiency of which is to be left to those whose duty and
office it is to decide upon it.
Challenge to the polls, an exception taken to any one or
more of the individual jurors returned.
Peremptory challenge, a privilege sometimes allowed to
defendants, of challenging a certain number of jurors
(fixed by statute in different States) without assigning
any cause.
Principal challenge, that which the law allows to be
sufficient if found to be true.
[1913 Webster] |
Principal focus
(gcide) | Focus \Fo"cus\ (f[=o]"k[u^]s), n.; pl. E. Focuses
(f[=o]"k[u^]s*[e^]z), L. Foci (f[=o]"s[imac]). [L. focus
hearth, fireplace; perh. akin to E. bake. Cf. Curfew,
Fuel, Fusil the firearm.]
1. (Opt.) A point in which the rays of light meet, after
being reflected or refracted, and at which the image is
formed; as, the focus of a lens or mirror.
[1913 Webster]
2. (Geom.) A point so related to a conic section and certain
straight line called the directrix that the ratio of the
distance between any point of the curve and the focus to
the distance of the same point from the directrix is
constant.
[1913 Webster]
Note: Thus, in the ellipse FGHKLM, A is the focus and CD the
directrix, when the ratios FA:FE, GA:GD, MA:MC, etc.,
are all equal. So in the hyperbola, A is the focus and
CD the directrix when the ratio HA:HK is constant for
all points of the curve; and in the parabola, A is the
focus and CD the directrix when the ratio BA:BC is
constant. In the ellipse this ratio is less than unity,
in the parabola equal to unity, and in the hyperbola
greater than unity. The ellipse and hyperbola have each
two foci, and two corresponding directrixes, and the
parabola has one focus and one directrix. In the
ellipse the sum of the two lines from any point of the
curve to the two foci is constant; that is: AG + GB =
AH + HB; and in the hyperbola the difference of the
corresponding lines is constant. The diameter which
passes through the foci of the ellipse is the major
axis. The diameter which being produced passes through
the foci of the hyperbola is the transverse axis. The
middle point of the major or the transverse axis is the
center of the curve. Certain other curves, as the
lemniscate and the Cartesian ovals, have points called
foci, possessing properties similar to those of the
foci of conic sections. In an ellipse, rays of light
coming from one focus, and reflected from the curve,
proceed in lines directed toward the other; in an
hyperbola, in lines directed from the other; in a
parabola, rays from the focus, after reflection at the
curve, proceed in lines parallel to the axis. Thus rays
from A in the ellipse are reflected to B; rays from A
in the hyperbola are reflected toward L and M away from
B.
[1913 Webster]
3. A central point; a point of concentration.
[1913 Webster]
Aplanatic focus. (Opt.) See under Aplanatic.
Conjugate focus (Opt.), the focus for rays which have a
sensible divergence, as from a near object; -- so called
because the positions of the object and its image are
interchangeable.
Focus tube (Phys.), a vacuum tube for R[oe]ntgen rays in
which the cathode rays are focused upon the anticathode,
for intensifying the effect.
Principal focus, or Solar focus (Opt.), the focus for
parallel rays.
[1913 Webster] |
Principal of a quadric
(gcide) | Principal \Prin"ci*pal\, a. [F., from L. principalis. See
Prince.]
1. Highest in rank, authority, character, importance, or
degree; most considerable or important; chief; main; as,
the principal officers of a Government; the principal men
of a state; the principal productions of a country; the
principal arguments in a case.
[1913 Webster]
Wisdom is the principal thing. --Prov. iv. 7.
[1913 Webster]
2. Of or pertaining to a prince; princely. [A Latinism]
[Obs.] --Spenser.
[1913 Webster]
Principal axis. See Axis of a curve, under Axis.
Principal axes of a quadric (Geom.), three lines in which
the principal planes of the solid intersect two and two,
as in an ellipsoid.
Principal challenge. (Law) See under Challenge.
Principal plane. See Plane of projection
(a), under Plane.
Principal of a quadric (Geom.), three planes each of which
is at right angles to the other two, and bisects all
chords of the quadric perpendicular to the plane, as in an
ellipsoid.
Principal point (Persp.), the projection of the point of
sight upon the plane of projection.
Principal ray (Persp.), the line drawn through the point of
sight perpendicular to the perspective plane.
Principal section (Crystallog.), a plane passing through
the optical axis of a crystal.
[1913 Webster] |
Principal plane
(gcide) | Principal \Prin"ci*pal\, a. [F., from L. principalis. See
Prince.]
1. Highest in rank, authority, character, importance, or
degree; most considerable or important; chief; main; as,
the principal officers of a Government; the principal men
of a state; the principal productions of a country; the
principal arguments in a case.
[1913 Webster]
Wisdom is the principal thing. --Prov. iv. 7.
[1913 Webster]
2. Of or pertaining to a prince; princely. [A Latinism]
[Obs.] --Spenser.
[1913 Webster]
Principal axis. See Axis of a curve, under Axis.
Principal axes of a quadric (Geom.), three lines in which
the principal planes of the solid intersect two and two,
as in an ellipsoid.
Principal challenge. (Law) See under Challenge.
Principal plane. See Plane of projection
(a), under Plane.
Principal of a quadric (Geom.), three planes each of which
is at right angles to the other two, and bisects all
chords of the quadric perpendicular to the plane, as in an
ellipsoid.
Principal point (Persp.), the projection of the point of
sight upon the plane of projection.
Principal ray (Persp.), the line drawn through the point of
sight perpendicular to the perspective plane.
Principal section (Crystallog.), a plane passing through
the optical axis of a crystal.
[1913 Webster] |
Principal point
(gcide) | Principal \Prin"ci*pal\, a. [F., from L. principalis. See
Prince.]
1. Highest in rank, authority, character, importance, or
degree; most considerable or important; chief; main; as,
the principal officers of a Government; the principal men
of a state; the principal productions of a country; the
principal arguments in a case.
[1913 Webster]
Wisdom is the principal thing. --Prov. iv. 7.
[1913 Webster]
2. Of or pertaining to a prince; princely. [A Latinism]
[Obs.] --Spenser.
[1913 Webster]
Principal axis. See Axis of a curve, under Axis.
Principal axes of a quadric (Geom.), three lines in which
the principal planes of the solid intersect two and two,
as in an ellipsoid.
Principal challenge. (Law) See under Challenge.
Principal plane. See Plane of projection
(a), under Plane.
Principal of a quadric (Geom.), three planes each of which
is at right angles to the other two, and bisects all
chords of the quadric perpendicular to the plane, as in an
ellipsoid.
Principal point (Persp.), the projection of the point of
sight upon the plane of projection.
Principal ray (Persp.), the line drawn through the point of
sight perpendicular to the perspective plane.
Principal section (Crystallog.), a plane passing through
the optical axis of a crystal.
[1913 Webster] |
Principal ray
(gcide) | Principal \Prin"ci*pal\, a. [F., from L. principalis. See
Prince.]
1. Highest in rank, authority, character, importance, or
degree; most considerable or important; chief; main; as,
the principal officers of a Government; the principal men
of a state; the principal productions of a country; the
principal arguments in a case.
[1913 Webster]
Wisdom is the principal thing. --Prov. iv. 7.
[1913 Webster]
2. Of or pertaining to a prince; princely. [A Latinism]
[Obs.] --Spenser.
[1913 Webster]
Principal axis. See Axis of a curve, under Axis.
Principal axes of a quadric (Geom.), three lines in which
the principal planes of the solid intersect two and two,
as in an ellipsoid.
Principal challenge. (Law) See under Challenge.
Principal plane. See Plane of projection
(a), under Plane.
Principal of a quadric (Geom.), three planes each of which
is at right angles to the other two, and bisects all
chords of the quadric perpendicular to the plane, as in an
ellipsoid.
Principal point (Persp.), the projection of the point of
sight upon the plane of projection.
Principal ray (Persp.), the line drawn through the point of
sight perpendicular to the perspective plane.
Principal section (Crystallog.), a plane passing through
the optical axis of a crystal.
[1913 Webster] |
Principal section
(gcide) | Principal \Prin"ci*pal\, a. [F., from L. principalis. See
Prince.]
1. Highest in rank, authority, character, importance, or
degree; most considerable or important; chief; main; as,
the principal officers of a Government; the principal men
of a state; the principal productions of a country; the
principal arguments in a case.
[1913 Webster]
Wisdom is the principal thing. --Prov. iv. 7.
[1913 Webster]
2. Of or pertaining to a prince; princely. [A Latinism]
[Obs.] --Spenser.
[1913 Webster]
Principal axis. See Axis of a curve, under Axis.
Principal axes of a quadric (Geom.), three lines in which
the principal planes of the solid intersect two and two,
as in an ellipsoid.
Principal challenge. (Law) See under Challenge.
Principal plane. See Plane of projection
(a), under Plane.
Principal of a quadric (Geom.), three planes each of which
is at right angles to the other two, and bisects all
chords of the quadric perpendicular to the plane, as in an
ellipsoid.
Principal point (Persp.), the projection of the point of
sight upon the plane of projection.
Principal ray (Persp.), the line drawn through the point of
sight perpendicular to the perspective plane.
Principal section (Crystallog.), a plane passing through
the optical axis of a crystal.
[1913 Webster] |
Principalities
(gcide) | Principality \Prin`ci*pal"i*ty\, n.; pl. Principalities. [L.
principalitas pre["e]minence, excellence: cf. F.
principalit['e], principaut['e]. See Principal.]
1. Sovereignty; supreme power; hence, superiority;
predominance; high, or the highest, station. --Sir P.
Sidney.
[1913 Webster]
Your principalities shall come down, even the crown
of your glory. --Jer. xiii.
18.
[1913 Webster]
The prerogative and principality above everything
else. --Jer. Taylor.
[1913 Webster]
2. A prince; one invested with sovereignty. "Next upstood
Nisroch, of principalities the prime." --Milton.
[1913 Webster]
3. The territory or jurisdiction of a prince; or the country
which gives title to a prince; as, the principality of
Wales.
[1913 Webster] |
Principality
(gcide) | Principality \Prin`ci*pal"i*ty\, n.; pl. Principalities. [L.
principalitas pre["e]minence, excellence: cf. F.
principalit['e], principaut['e]. See Principal.]
1. Sovereignty; supreme power; hence, superiority;
predominance; high, or the highest, station. --Sir P.
Sidney.
[1913 Webster]
Your principalities shall come down, even the crown
of your glory. --Jer. xiii.
18.
[1913 Webster]
The prerogative and principality above everything
else. --Jer. Taylor.
[1913 Webster]
2. A prince; one invested with sovereignty. "Next upstood
Nisroch, of principalities the prime." --Milton.
[1913 Webster]
3. The territory or jurisdiction of a prince; or the country
which gives title to a prince; as, the principality of
Wales.
[1913 Webster] |
Principally
(gcide) | Principally \Prin"ci*pal*ly\, adv.
In a principal manner; primarily; above all; chiefly; mainly.
[1913 Webster] |
Principalness
(gcide) | Principalness \Prin"ci*pal*ness\, n.
The quality of being principal.
[1913 Webster] |
campephilus principalis
(wn) | Campephilus principalis
n 1: large black-and-white woodpecker of southern United States
and Cuba having an ivory bill; nearly extinct [syn:
ivorybill, ivory-billed woodpecker, {Campephilus
principalis}] |
principal axis
(wn) | principal axis
n 1: a line that passes through the center of curvature of a
lens so that light is neither reflected nor refracted; "in
a normal eye the optic axis is the direction in which
objects are seen most distinctly" [syn: principal axis,
optic axis] |
principal diagonal
(wn) | principal diagonal
n 1: the diagonal of a square matrix running from the upper left
entry to the lower right entry [syn: main diagonal,
principal diagonal] |
principal investigator
(wn) | principal investigator
n 1: the scientist in charge of an experiment or research
project [syn: principal investigator, PI] |
principal sum
(wn) | principal sum
n 1: capital as contrasted with the income derived from it [syn:
principal, corpus, principal sum] |
principality
(wn) | principality
n 1: territory ruled by a prince [syn: principality,
princedom] |
principality of andorra
(wn) | Principality of Andorra
n 1: a small republic in the eastern Pyrenees between Spain and
France [syn: Andorra, Principality of Andorra] |
principality of liechtenstein
(wn) | Principality of Liechtenstein
n 1: a small landlocked principality (constitutional monarchy)
in central Europe located in the Alps between Austria and
Switzerland [syn: Liechtenstein, {Principality of
Liechtenstein}] |
principality of monaco
(wn) | Principality of Monaco
n 1: a constitutional monarchy in a tiny enclave on the French
Riviera [syn: Monaco, Principality of Monaco] |
principally
(wn) | principally
adv 1: for the most part; "he is mainly interested in
butterflies" [syn: chiefly, principally, primarily,
mainly, in the main] |
principalship
(wn) | principalship
n 1: the post of principal |
school principal
(wn) | school principal
n 1: the educator who has executive authority for a school; "she
sent unruly pupils to see the principal" [syn: principal,
school principal, head teacher, head] |
principal type
(foldoc) | principal type
The most general type of an expression. For example, the
following are all valid types for the lambda abstraction
(\ x . x):
Int -> Int
Bool -> Bool
(a->b) -> (a->b)
but any valid type will be an instance of the principal type:
a -> a. An instance is derived by substituting the same type
expression for all occurences of some type variable. The
principal type of an expression can be computed from those of
its subexpressions by Robinson's unification algorithm.
(1994-12-16)
|
PRINCIPAL
(bouvier) | PRINCIPAL. This word has several meanings. 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.
2. In estates, principal is used as opposed to incident or accessory;
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 principale." Co. Litt. 152, a.
3. It is used in opposition to agent, and in this sense it signifies
that the principal is the prime mover.
4. It is used in opposition to interest; as, the principal being
secured tho interest will follow.
5. It is used also in opposition to surety; thus, we say the principal
is answerable before the surety.
6. Principal is used also to denote the more important; as, the
principal person.
7. 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 best bed, the best table, and the like.
PRINCIPAL, contracts. One who, being competent to contract, and who is sui
juris, employs another to do any act for his own benefit, or on his own
account.
2. As a general rule, it may be said, that every person, sui juris, is
capable of being a principal, for in all cases where a man has power as
owner, or in his own right to do anything, he may do it by another. 16 John.
86; 9 Co. 75; Com. Dig. Attorney, C 1; Heinec. ad Pand. P. 1, lib. 3, tit.
Sec. 424.
3. Married women, and persons who are deprived of understanding, as
idiots, lunatics, and others, not sui juris, are wholly incapable of
entering into any contract, and, consequently, cannot appoint an agent.
Infants and married women are generally, incapable but, under special
circumstances, they may make such appointments. For instance, an infant may
make an attorney, when it is for his benefit; but lie cannot enter into any
contract which is to his prejudice. Com. Dig. Enfant, C 2; Perk. 13; 9 Co.
75; 3 Burr. 1804. A married woman cannot, in general, appoint an agent or
attorney, and when it is requisite that one should be appointed, the husband
generally appoints for both. Perhaps for her separate property she may, with
her husband, appoint an agent or attorney; Cro. Car. 165,; 2 Leon. 200; 2
Bulst. R. 13; but this seems to be doubted. Cro. Jac. 617; Yelv. 1; 1
Brownl. 134; 2 Brownl. 248; Adams' Ej. 174; Runn. Ej. 148.
4. A principal has rights which he can enforce, and is liable to
obligations which he must perform. These will be briefly considered: 1. The
rights to which principals are entitled arise from obligations due to them
by their agents, or by third persons.
5.-1st. The rights against their agents, are, 1. To call them to an
account at all times, in relation to the business of their agency. 2. When
the agent violates his obligations to his principal, either by exceeding his
authority, or by positive misconduct, or by mere negligence or omissions in
the discharge of the functions of his agency, or in any other manner, and
any loss or damage falls on his principal, the latter will be entitled to
full indemnity. Paley on Ag. by Lloyd, 7, 71, 74, and note 2 12 Pick. 328; 1
B. & Adolph. 415; 1 Liverm. Ag. 398. 3. The principal has a right to
supersede his agent, where each may maintain a suit against a third person,
by suing in his own name; and he may, by his own intervention, intercept,
suspend, or extinguish the right of the agent under the contract. Paley Ag.
by Lloyd, 362; 7 Taunt. 237, 243; 1 M. & S. 576 1 Liverm. Ag. 226-228; 2 W.
C. C. R. 283; 3 Chit. Com. Law, 201-203.
6.-2d. The principal's rights against third persons. 1. When a contract
is made by the agent with a third person in the name of his principal, the
latter may enforce it by action. But to this rule there are some exceptions
1st. When the instrument is under seal, and it has been exclusively made
between the agent and the third person; as, for example, a charter party or
bottomry bond in this case the principal cannot sue on it. See 1 Paine, Cir.
R. 252; 3 W. C. C. R. 560; 1 M. &. S. 573; Abbott, Ship, pt. 3, c. 1, s. 2.
2d. When an exclusive credit is given to and by the agent, and therefore the
principal cannot be considered in any manner a party to the contract,
although he may have authorized it, and be entitled to all the benefits
arising from it. The case of a foreign factor, buying or selling goods, is
an example of this kind: he is treated as between himself and the other
party, as the sole contractor, and the real principal cannot sue or be sued
on the contract. This, it has been well observed, is a general rule of
commercial law, founded upon the known usage of trade; and it is strictly
adhered to for the safety and convenience of foreign commerce. Story, Ag.
Sec. 423; Smith Mer. Law, 66; 15 East, R. 62; 9 B. & C. 87. 3d. When the
agent, has a lien or claim upon the property bought or sold, or upon its
proceeds, when it equals or exceeds the amount of its value. Story, Ag. Sec.
407, 408, 424.
7.-2. But contracts are not unfrequently made without mentioning the
name of the principal; in such case he may avail himself of the agreement,
for the contract will be treated as that of the principal, as well as of the
agent. Story, Ag. Sec. 109, 111, 403, 410, 417, 440; Paley, Ag. by Lloyd,
21, 22; Marsh. Ins. b. 1, c. 8, Sec. 3, p. 311; 2 Kent's Com. 3d edit. 630;
3 Chit. Com. Law, 201; vide 1 Paine's C. C. Rep. 252.
8.-3. Third persons are also liable to the principal for any tort or
injury done to his property or rights in the course of the agency. Pal. Ag.
by Lloyd, 363; Story, Ag. Sec. 436; 3 Chit. Com. Law, 205, 206; 15 East, R.
38.
9.-2. The liabilities of the principal are either to his agent or to
third persons.
10.-1st. The liabilities of the principal to his agent, are, 1. To
reimburse him all expenses he may have lawfully incurred about the agency.
Story, Ag. Sec. 335 Story, Bailm. Sec. 196, 197; 2 Liv. Ag. 11 to 33.
2. To pay him his commissions as agreed upon, or according to the usage
of trade, except in cases of gratuitous agency. Story, Ag. Sec. 323; Story,
Bailm. 153, 154, 196 to 201. 3. To indemnify the agent when he has sustained
damages in consequence of the principal's conduct for example, when the
agent has innocently sold the goods of a third person, under the direction
or authority of his principal, and a third person recovers damages against
the agent, the latter will be entitled to reimbursement from the principal.
Pal. Ag. by Lloyd, 152, 301; 2 John. Cas. 54; 17 John. 142; 14 Pick. 174.
11.-2d. The liabilities of the principal to third persons, are, 1. To
fulfill all the engagements made by the agent, for or in the name of the
principal, and which come within the scope of his authority. Story, Ag. Sec.
126.
2. When a man stands by and permits another to do an act in his name,
his authority will be presumed. Vide Authority, and 2 Kent, Com. 3d edit.
614; Story, Ag. Sec. 89, 90, 91; and articles Assent; Consent.
3. The principal is liable to third persons for the misfeasance,
negligence, or omission of duty of his agent; but he has a remedy over
against the agent, when the injury has occurred in consequence of his
misconduct or culpable neglect; Story, Ag. Sec. 308; Paley, Ag. by Lloyd,
152, 3; 1 Metc. 560; 1 B. Mont. 292; 5 B. Monr. 25; 9 W. & S. 72; 8 Pick.
23; 6 Gill & John. 292; 4 Q. B. 298; 1 Hare & Wall. Sel. Dee. 467; Dudl. So.
Car. R. 265, 268; 5 Humph. 397; 2 Murph. 389; 1 Ired. 240; but the principal
is not liable for torts committed by the agent without authority. 5 Humph.
397; 2 Murph. 389; 19 Wend. 343; 2 Metc. 853. A principal is also liable
for the misconduct of a sub-agent, when retained by his direction, either
express or implied. 1 B. & P. 404; 15 East, 66.
12. The general, rule, that a principal cannot be charged with injuries
committed by his agent without his assent, admits of one exception, for
reasons of policy. A sheriff is liable, even under a penal statute, for all
injurious acts, willful or negligent, done by his appointed officers, colore
officii, when charged and deputed by him to execute the law. The sheriff is,
therefore, liable where his deputy wrongfully executes a writ; Dougl. 40; or
where he takes illegal fees. 2 E. N. P. C. 585.
13. But the principal may be liable for his agent's misconduct, when he
has agreed, either expressly or by implication, to be so liable. 8 T. R.
531; 2 Cas. N. P. C. 42. Vide Bouv. Inst. Index, h.t.; Agency; Agent.
PRINCIPAL, crim. law. A principal is one who is the actor in the commission
of a crime.
2. Principals are of two kinds; namely, 1. Principals in the first
degree, are those who have actually with their own hands committed the fact,
or have committed it through an innocent agent incapable himself, of doing
so; as an example of the latter kind, may be mentioned the case of a person
who incites a child wanting discretion, or a person non compos, to the
commission of murder, or any other crime, the incitor, though absent, when
the crime was committed, is, ex necessitate, liable for the acts of his
agent and is a principal in the first degree. Fost. 340; 1 East, P. C. 118;
1 Hawk. c. 31, s. 7; 1 N. R. 92; 2 Leach, 978. It is not requisite that each
of the principals should be present at the entire transaction. 2 East, P. C.
767. For example, where several persons agree to forge an instrument, and
each performs some part of the forgery in pursuance of the common plan, each
is principal in the forgery, although one may be away when it is signed. R.
& R. C. C. 304; Mo. C. C. 304, 307.
3.-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
would 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.
4. It is evident from the definition that to make a wan a principal, he
must be an actor in the commission of the crime and, therefore, if a man
happen merely to be present when a felony is committed without taking any
part in it or aiding those who do, he will not, for that reason, be
considered a principal. 1 Hale, P. C. 439; Foster, 350.
|
PRINCIPAL CONTRACT
(bouvier) | PRINCIPAL CONTRACT. One entered into by both parties, on their own accounts,
or in the several qualities they assume. It differs from an accessory
contract. (q.v.) Vide Contract.
|
PRINCIPAL OBLIGATIO
(bouvier) | PRINCIPAL OBLIGATION. That obligation which arises from the principal object
of the engagement which has been contracted between the parties. It differs
from an accessory obligation. (q.v.) For example, in the sale of a horse,
the principal obligation of the seller is to deliver the horse; the
obligation to take care of him till delivered is an accessory engagement.
Poth. Obl. n. 182. By principal obligation is also understood tho engagement
of one who becomes bound for himself and not for the benefit of another.
Poth. Obl. n. 186.
|
|