英文法律词典 P-108

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 incapable¹ himself, of doing so; as an example of the latter kind, may be mentioned the case of a person who incites² a child wanting discretion⁴, 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 necessitate⁵, liable for the acts of his agent and is a principal in the first degree. Fost. 340; 1 East, P. C. 118; 1 Hawk⁶. c. 31, s. 7; 1 N. R. 92; 2 Leach⁷, 978. It is not requisite⁸ 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 forgery⁹ 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 abetting¹⁰ the commission of the fact. They are generally termed aiders and abettors, and sometimes, improperly¹¹, accomplices¹². (q. v.) The presence which is required in order to make a man principal in the second degree, need not be a strict actual, immediate¹³ presence, such a presence as would make him an eye or ear witness of what passes, but may be a constructive¹⁴ 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 wan³ 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. 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 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.