If there be a sale, mortgage, or pledge of a chattel, carried into effect, by delivery or by a recording of the mortgage where that is equivalent to a delivery, and other ma terials are added, afterwards, by the labor of the vendor or mortgagor, these pass with the principal by accession; Farwell v. Smith, 12 Pick. (Mass.) 83; Jenckes v. Golfe, 1 R. I. 511.
If, by the labor of one man, the property of another has been converted into a thing of different species, so that its identity is de stroyed, the original owner can only recover the value of the property in its unconverted state, and the article itself will belong to the Person who wrought the conversion, if he wrought it believing the material to be his own. Such a change is said to be wrought when wheat is made into bread, olives into oil, or grapes into wine ; Inst. 2. 1. 25 ; Sils bury v. McCoon, 4 Denio (N. Y.) 332; Year B. 5 H. VII. 15; Brooke, Abr. Property 23; or bricks out of clay ; Baker v. Meisch, 29 Neb. 227, 45 N. W. 685.
But, -if there be a mere change of form or value, which does not destroy the identity of the materials, the original owner may still reclaim them or recover their value as thus improved; Brooke, Abr. Property 23; F. Moore 20; Wright v. Douglass, 2 N. Y. 379 ; Frost v. Willard, 9 Barb. (N. Y.) 440. So, if the change have been wrought by a wilful trespasser, or by one who knew that the ma terials were not his own; in such case, how ever radical the change may have been, the owner may reclaim them, or recover their value in their new shape: Wooden-Ware Co. v. U. S., 106 U. S. 432, 1 Sup. Ct. 398, 27 L. Ed. 230, thus, where whiskey was made out of another's corn, Wright v. Douglass, 2 N. Y. 379 ; shingles out of another's trees, Chandler v. Edson, 9 Johns. (N. Y.) 362 ; coals out of another's wood, Curtis v. Groat, 6 Johns. (N. Y.) 168, 5 Am. Dec. 204; Riddle v.
Driver, 12 Ala. 590 ; leather out of another's hides, Hyde v. Cookson, 21 .Barb. (N. Y.) 92 ; in all these cases, the change having been made by one who knew the materials were another's, the original owner was held to be entitled to recover the property, or its value in the improved or converted state. And see Snyder v. Vaux, 2 Ramie (Pa.) 427, 21 Am. Dec. 466; Betts v. Lee, 5 Johns. (N. Y.) 348, 4 Am. Dec. 368; Williard v. Rice, 11 A Mete. (Mass.) 493, 45 Am. Dec. 226.
An aerolite which is imbedded to a depth. of 3 feet is the property of the owner of the land on which it falls, rather than of the person who finds it; Goddard v. Winchell, 86 Ia. 71, 52 N. W. 1124, 17 L; R. A. 788, 41 Am. St. Rep. 481.
In International Law. The absolute or conditional acceptance, by one or several states, of a treaty already concluded between other sovereignties. Merlin, ROpert. Acces sion.
It may be of two kinds: First, the formal entrance of a third state into a treaty so that such state becomes a party to it ; and this can only be with the consent of the original parties. The accession becomes it self a treaty, and is frequently invited or provided for in the original treaty, as in the Declaration of Paris and the Convention of Geneva, 1864, Art. 9, and that of 1868, Art. 15. To the first Geneva Convention the ac cession of Great Britain was signified Feb. 18, 1865. So the Declaration of St. Peters burg, 1868, relative to explosive bullets is said to have "been acceded to by all the civ ilized states of the world." Higgins, The Hague and Other Conferences 23. Second, a state may accede to a treaty between other states solely for the purpose of guarantee. in which case, though a party, it is affected by the treaty only as a guarantor. 1 Oppen heim, Int. L. sec. 532.