A COLLECTION OF LATIN MAXIMS AND PHRASES.

=* 1. A verbis legis non recedendum est.= _The words of the law must

not be departed from._

Acts of Parliament must be interpreted strictly according to the express

letters of their respective clauses. Although in certain cases an

equitable construction can be placed on the words, yet this principle is

confined within certain limits; and a judge cannot, in favour of a

presumable intention, depart from such words when, for anything that

appears, the wording may correspond with the design of the legislature.

(See Steph. Comm.)

=* 2. Accessorium non ducit sed sequitur suum principale.= _The

accessory does not lead but follows its principal._

The grant of a reversion will also include a rent incident thereto—so

heir-looms follow the inheritance.

=3. Accusare nemo se debet, nisi coram Deo.= _No one is in duty bound

to accuse himself unless before God._

In certain cases a witness is not compelled to answer, if by so doing he

would incriminate himself. (See Max. No. 171.)

=* 4. Acta exteriora indicant interiora secreta.= _Overt acts make

known latent thoughts_, or _Acts indicate the intention_.

Where an authority given by law is abused, the person becomes a

trespasser _ab initio_, but not so if authority be given by party, or in

cases of mere non-feasance. (_Six Carpenters’ Case_, 1 Smith, L. C. 11th

ed. p. 132.)

=* 5. Actio personalis moritur cum personâ.= _A personal action dies

with the person._

In actions of tort this was formerly a general rule, but recently its

application has been so generally narrowed that it probably affects only

actions for libel and slander. By Lord Campbell’s Act, 9 & 10 Vict. c.

93, compensation may, however, now be recovered by the relatives of a

person negligently killed. Compensation may also be recovered in some

cases of trespass. (See Chitty, 16th ed. p. 347.)

=6. Actus curiae neminem gravabit.= _The act of the Court shall

prejudice no man._

(_Cumber_ v. _Wane_, 1 Sm. L. C. 11th ed. p. 338.)

=* 7. Actus Dei nemini facit injuriam.= _The act of God causes injury

to no one._

Storms, tempests, and the like, are acts of God, being inevitable

accidents not caused by man.

=8. Actus me invito, non est meus actus.= _An involuntary act is not

one’s own act_, i.e., _an act done against one’s will is not such

person’s act_.

The law presumes coercion in certain cases—by a husband over his wife.

Intentions denominate the action, and especially so in criminal cases.

(See next Max. and Nos. 116 and 285.)

=* 9. Actus non facit reum, nisi mens sit rea.= _The act itself does

not make a man guilty, unless his intention be so._

There must be a vicious will or criminal intention as well as an

unlawful act. (See Maxs. Nos. 8, 116 and 285.) Where one engaged in

doing a lawful act, without any wrongful intention, unfortunately and

inadvertently kills another person, the homicide is excusable.

=10. Ad questiones facti non respondent judices; ad questiones legis

non respondent juratores.= _Judges do not decide questions of fact;

the jury do not decide questions of law._

This applies to trials by jury, and where the issue turns rather upon

facts than legal construction, such method of trial is usually, but not

necessarily, followed.

=* 11. Aequitas factum habet quod fieri oportuit.= _Equity looks upon

that as done which ought to have been done._

The doctrine of satisfaction well illustrates this principle of law.

(See Max. No. 74.) Where a person is under an obligation to perform an

act, equity looks on it as done, and allows the same results to follow

as if it were actually done. Thus, when one who has contracted to sell

realty dies, the purchase money therefor forms part of his estate, and

goes to his next of kin, if intestate, such realty being deemed in

equity to be vested in the contractee. (See _Fletcher_ v. _Ashburner_, 1

Wh. & Tu. 8th ed. p. 347.)

=12. Aequitas nunquam contravenit leges.= _Equity never opposes the

law._

To supplement, and not to contravene, is its object.

=* 13. Aequitas sequitur legem.= _Equity follows the law. Equity

cannot alter the law of the land, but follows it._

Both in the sense of obeying the law, and conforming to its general

rules and policy, and also in applying to equitable estates and

interests the rules by which at common law legal estates and interests

of a similar kind are governed.

=14. Agentes et consentientes pari poenâ plectentur.= _Acting and

consenting parties are liable to the same punishment._

A person aiding and abetting the actual commission of a crime, either at

the scene of its commission or elsewhere, is equally liable with the

perpetrator, the former being a principal in the second degree, and the

latter in the first degree. If A., with intent to murder, inflicts on B.

an injury dangerous to life, aided and abetted by C., who is aware of

the intent, they are both equally guilty and punishable.

=* 15. Alienatio rei praefertur juri accrescendi.= _The law favours

alienation rather than accumulation._

This maxim has always been the policy of our law, even from the time

when the right of subinfeudation was first recognised. The statutes of

_De Donis_, 13 Edw. I. c. 1 and _Quia emptores_, 18 Edw. I. c. 1, are

examples in proof of this doctrine. Also the rules against perpetuities,

which forbid any executory interests to take effect later than a life or

lives in being or twenty-one years afterwards, allowance being made for

gestation where the same actually exists.

=16. Allegans contraria non est audiendus.= _One who contradicts

himself is not to be heard._

A rule of evidence relative to the credibility of a witness.

Cross-examination is frequently used to this end.

=17. Allegans suam turpitudinem non est audiendus.= _A person boasting

of his own wrong-doing is not to be heard._

When a person does an act which may be rightfully performed, he cannot

say that such act was intentionally done wrongly. See _In re Hallett,

Knatchbull_ v. _Hallett_, 13 Ch. Div. 696, where an _obiter dictum_

found in the judgment of the Court is as follows: “When we come to apply

that principle” (_i.e._, the one given above) “to the case of a trustee

who has blended trust moneys with his own, it seems perfectly plain that

he cannot be heard to say that he took away the trust money, when he had

a right to take away his own money.”

=* 18. Ambiguitas contra stipulatorem est.= _An ambiguity is taken

against the party using it._

Thus, if in a lease, words of exception be used ambiguously, the same

being words of the lessor, are construed most strongly as against him.

(See Chitty on Contracts, 16th ed. p. 113; also Max. No. 272.)

=* 19. Ambiguitas verborum latens verificatione suppletur; nam quod ex

facto oritur ambiguum verificatione facti tollitur.= _A hidden

ambiguity of the words may be interpreted by evidence; for an

ambiguity which arises from an extrinsic fact may be removed by

proof of such fact._

(See Max. No. 20.)

=* 20. Ambiguitas verborum patens nullâ verificatione excluditur.= _A

patent ambiguity of the words cannot be removed by extrinsic

evidence._

The last two maxims are most important in the construction of contracts.

Thus upon a devise, “to one of the sons of J. S.,” who has several sons,

parol evidence would not be admissible to ascertain which son in

particular was referred to. (Max. No. 19.) But where there is a devise

of “the Manor of A.,” the testator having two estates of that

description, this being a latent ambiguity, parol evidence is admissible

to explain which was meant.

=21. Amicus curie.= _A friend to the Court_, i.e., _one who advises

disinterestedly and spontaneously_.

=22. Aqua cedit solo.= _Water passes with the soil._

From a legal point of view, water is land covered by water, and an

action cannot be brought to recover possession of a pool, &c., by the

name of water only, but as so much land covered by water. Water, being a

movable thing, must continue common, and its ownership therefore goes

with the land below.

Where a river divides the property of two different persons, the bed of

the river is equally divided between them; and, according to Bracton, if

an island rise in midstream, it belongs in common to those possessing

land on each side thereof, but if it be nearer to one bank than the

other, it belongs to the proprietor of the nearer shore. (See Steph.

Comm. Vol. I. 15th ed. Cap. 1.)

=23. Aqua currit et debet currere.= _Water flows and should be allowed

to flow._

No one can have any right of property in a running stream, but only a

right to use it; and this must be so exercised as not to interfere with

other persons possessing similar rights.

=24. Auctori incumbit onus probandi.= _The onus of proof lies on the

plaintiff._

(See Maxs. Nos. 69 and 252.)

=25. Audi alteram partem.= _Hear the other side_ (i.e., _Do not

condemn a man unheard_.)

This is one of the fundamental principles of the British Constitution.

=* 26. Benignae faciendae sunt interpretationes chartarum, ut res

magis valeat quam pereat.= _Constructions of documents are to be

made favourably, that the instrument may rather avail than perish._

See hereon _Roe_ v. _Tranmarr_, 2 Sm. L. C. 556, which is a most

important case for reference with regard to the construction and

interpretation of written instruments. The facts as quoted from Smith

were as follows. “A., in consideration of natural love, and of £100, by

deeds of lease and release _granted_, released, and confirmed certain

premises _after his own death_, to his brother, B., in tail, remainder

to C. (the son of another brother of A.) in fee; and he covenanted and

granted that the premises should after his death be held by B. and the

heirs of his body, or by C. and his heirs, according to the true intent

of the deed. Held, that the deed could not operate as a release, because

it attempted to convey a freehold in futuro, but that it was good as a

covenant to stand seised.” Want of technical knowledge on the part of

contracting parties must be allowed for. Words should be subservient to

the intention, if this can be gathered from the instrument itself. (See

Maxs. Nos. 211, 236, 250, 273, and 275.)

=27. Bis dat qui cito dat.= _He gives twice who gives quickly._

=* 28. Caveat emptor (Qui ignorare non debuit quod jus alienum emit).=

_Let the buyer beware (who ought not to be ignorant what he buys

from another)._

The law implies no warranty of goodness or quality on sale of goods, and

the maxim applies in such cases, it being remembered that “Simplex

commendatio non obligat.” (See Max. No. 255.) If goods be ordered for

any particular purpose, or of a particular description, or if the

purchaser has had no opportunity of judging for himself, the maxim would

not apply, as in such cases warranty is implied.—Nor in cases where

there is “suppressio veri” or “suggestio falsi” on the part of the

vendor. And see hereon _Brown_ v. _Eddington_, 2 Scott, N. R. 504; and

Chitty on Contracts, 16th ed. pp. 63 and 726.

=29. Cessante ratione legis, cessat ipsa lex.= _The reason of the law

being at an end, the law itself ceases._

Reason is always the acknowledged soul of the law.

=30. Chirographum apud debitorem repertum praesumitur solutum.= _A

deed found with a debtor is presumed to be satisfied._

If a person, who has effected a mortgage on his property, again gets the

deeds into his possession, it is presumed that the loan has been repaid,

even though no reconveyance has been taken.

=* 31. Clausulae inconsuetae semper inducunt suspicionem.= _Unusual

clauses always excite suspicion._

In _Twyne’s Case_ (1 Sm. L. C. 11th ed. p. 1), a deed containing a

clause that the gift was made “honestly, truly, and bonâ fide,” was held

fraudulent and void, even although made for valuable consideration. (See

Maxs. Nos. 61 and 63.) The French maxim of “Qui s’excuse s’accuse” may

in like cases be noted with advantage.

=32. Cognovit actionem.= _He had admitted the action._

=33. Commodum ex injuriâ suâ nemo habere debet.= _No one should have

an advantage from his own wrong._

=34. Conditio sine qua non.= _A condition without which the matter

cannot be._

=35. Consensus tollit errorem.= _Consent removes a mistake_; or, as

Broom says, “_the acquiescence of a party who might take advantage

of an error, obviates its effect_.”

The doctrine of waiver is referable to this maxim (See also Maxs. Nos.

216, 217 and 222.)

=36. Constructio legis, non fecit injuriam.= _Construction of the law

causes no injury._

=* 37. Consuetudo ex certâ causa rationabili usitata privat communem

legem.= _A custom based on a certain reasonable foundation obrogates

the common law._

For example may be cited the custom of gavelkind, under which the land

of a deceased person descended to all his sons equally, and the custom

of Borough English, under which it descended alone to the youngest son.

Both these customs supersede the common law of descent. (See Steph.

Comm., Vol. I., and Maxs. Nos. 38, 153 and 197.)

=38. Consuetudo pro lege servatur.= _Custom is protected by the law._

(See also Max. No. 37.)

=39. Contemporanea exposito est optima et fortissima in lege.= _A

contemporaneous interpretation is the best and strongest in law._

In interpreting an old document or statute, consideration must be had

for the intention and intended effect at the time of its execution, on

the ground that the same were then best known and appreciated. (See

Chitty on Contracts, 16th ed. p. 95, and Max. No. 275.)

=* 40. Contra non valentem agere nulla currit praescriptio.= _No

prescription runs against one unable to act._

Generally, prescription runs only from the time when the plaintiff might

have brought his action, unless then under disability. In actions

brought to recover land, rent, or legacies, a certain additional time is

allowed after the disability ceases. In actions having reference only to

things strictly personal, the same time is allowed after the disability

ceases, as would have been allowed at the time the cause of action

accrued had no such disability then existed.

=* 41. Contractus ex turpi causa, vel contra bonos mores, nullus.= _A

contract arising from a base consideration, or against morality, is

void._

A contract made in consideration of past seduction is not binding.

(_Beaumont_ v. _Reeve_, 8 Q. B. 483.) Also a betting or wagering

contract.

=* 42. Cuicunque aliquid conceditur, conceditur et id sine quo res

ipsa esse non potuit.= _To whomsoever anything is conceded, that

also is given, without which the thing itself cannot be._

(See Max. No. 210.)

=43. Cuilibet in sua arte perito est credendum.= _Each one skilled in

his own art is to be believed._

Medical men and other skilled witnesses, may give their opinion in

evidence, as to the state or condition of a patient or thing at any

particular time. Expert evidence is always admissible, but being

expensive and not conclusive, is weighed cautiously and little relied

upon.

(See Max. No. 226.)

=44. Cujus est dare, ejus est disponere.= _Whose it is to give, his it

is to dispose_; or, as Broom says, “_The bestower of a gift has a

right to regulate its disposal_.”

This rule is a general one, but considerably curtailed and qualified at

the present time, especially so by the Acts which restrict and regulate

the tying up of Real Estate, and accumulation of personal property

beyond specified periods.

=45. Cujus est divisio, alterius est electio.= _When one divides, the

other has the right of first choice._

In the case of an estate being held in coparcenary, partition thereof

was formerly sometimes made voluntarily, by the eldest parcener

dividing, in which case she chose last. But by Statute 8 & 9 Vic. c.

106, s. 3, all partitions must now be by deed in order to be binding.

(See Steph. Comm. Vol. I.)

=46. Cujus est solum, ejus est usque ad coelum et ad inferos.= _Whose

is the soil, his it is even to the skies and to the depths below._

Upon a conveyance of land, _simpliciter_, buildings, and timber being

thereon will also pass, as also the mines thereunder,—“donec probeter in

contrarium” (_i.e._, until the contrary is proved). Property, however,

must be so used and enjoyed as not to injure or prejudice the rights of

adjoining owners, as by overhanging buildings. (See Max. No. 254.) This

maxim affords an illustration of the rule that the word land is _nomen

generalissimum_—a most general term. (See Maxs. Nos. 188 and 224.)

=47. Culpa lata dolo aequiparatur.= _Gross negligence is equivalent to

intentional wrong._

(See Max. No. 223.)

=48. Cum confitente sponte, mitius est agendum.= _He who willingly

confesses, should be dealt with more leniently._

Confession to a crime, when committed, always operates in mitigation of

punishment. Penitence for wrong-doing should not be allowed to go

unrecognised.

=* 49. Cum duo inter se pugnantia reperiuntur in testamento ultimum

ratum est.= _Where two repugnant clauses (or statements) occur in a

will, the latter shall prevail._

It will be remembered, however, that the intention must in all cases be

looked to and if possible carried out, and the above maxim is a rule

only inasmuch as its application generally will do this. Moreover, it

has no reference to deeds, where, if there be two such repugnant

clauses, the first is received and the latter rejected. (See Maxs. Nos.

78 and 275.)

=50. Curia advisare vult.= _The court desires to consider._

In difficult cases judgment is frequently reserved.

=51. De fide et officio juridicis non recipitur quaestio, sed de

scientia sive sit error juris sive facti.= _The decision of a judge

may be impugned only for error either in law or of fact, but his

honesty of purpose or office cannot be questioned._

=* 52. De minimis non curat lex.= _The law cares not about mere

trifles._

Where the ocean gradually recedes, or washes up sand and earth, and thus

in time forms _terra firma_, the land so resulting belongs to the owner

of that immediately behind and adjoining; if, however, the dereliction

or alluvion be sudden, the land thus formed belongs to the Crown. (See

_Westbury-on-Severn Rural Sanitary Authority_ v. _Meredith_, 30 Ch. Div.

387.)

=53. Debita sequuntur personam debitoris.= _Debts follow the debtor’s

person._

=* 54. Debitor non praesumitur donare.= _A debtor is not presumed to

give._

This maxim has reference to the law of satisfaction. Where a debtor

bequeaths to his creditor a sum of money equal to, or exceeding the

amount of his debt, it is presumed, in the absence of any contrary

intention, that such legacy was meant and given by the testator as a

satisfaction of the debt. (See _Talbot_ v. _Shrewsbury_, 2 Wh. & Tu. 8th

ed. p. 378.) This presumption of satisfaction, however, does not arise

where the debt was not contracted until after the will was made, or

where it was secured by a Bill of Exchange or other negotiable

instrument, or where the legacy was contingent, not payable immediately

on testator’s death, or of a specific chattel. (See Snell’s Equity, 16th

ed. p. 184; also Max. No. 56.)

=* 55. Delegatus non potest delegare.= _An agent cannot delegate his

authority._

A principal (except by his own assent) is not bound by the acts or

contracts of subagents unless they be of necessity, or in accordance

with the usual custom of trade. _Delegata potestas non potest delegari._

(See Chitty on Contracts, 16th ed. p. 278; and Maxs. Nos. 194, 208, and

280.)

=56. Delicatus debitor est odiosus in lege.= _An extravagant debtor is

contemned in the eye of the law._

By the Bankruptcy Act, 1883, the Court may either refuse a bankrupt his

discharge, or suspend its operation, on proof that he has brought on his

bankruptcy by an unjustifiable extravagance in living. (See Max. No.

54.)

=57. Dentur omnes decimae primariae ecclesiae ad quam parochia

pertinet.= _All tithes must be paid to the Mother Church to which

the parish belongs._

This was a law of King Edgar, prior to which every man paid his tithe to

whatever church or parish he thought fit. (See Steph. Comm. 15th ed.

Vol. I. p. 71.)

=58. Descendit jus quasi ponderosum quid, cadens deorsum recta linea;

et nunquam reascendit ea via qua descendit.= _The right of

inheritance descends like a heavy body, falling in a straight line;

and it never ascends by the same line that it came down._

This was one of the old laws of descent, under which the lineal ancestor

himself was always excluded, although his issue, being the collateral

heirs of the deceased, might inherit the latter’s land. Now, however, by

the Inheritance Act, 1833, 3 & 4 Will. IV. c. 106, on failure of the

issue of the purchaser, the inheritance descends to the nearest lineal

ancestor in the preferable line, provided that no issue of a nearer

deceased ancestor in that line exists. (See Steph. Comm. Vol. I. p. 257

_et seq._, and Max. No. 102.)

=59. Deus solus haeredem facere potest, non homo.= _God alone is able

to make an heir and not man._

(See Max. No. 165.)

=60. Dies Dominicus non est juridicus.= _Sunday is not a day for

judicial proceedings._

=61. Dolosus versatur in generalibus.= _A deceiver deals in

generalities_—i.e., _uses ambiguous terms_.

One of the reasons for the decision in _Twine’s Case_, 1 Sm. L. C. 11th

ed. p. 1, was “That the gift had the signs and marks of fraud, because

it was general, without exception even of his apparel or anything of

necessity, for it is commonly said ‘_quod dolosus versatur in

generalibus_.’” (See Maxs. Nos. 31 and 63.)

=* 62. Domus sua cuique est tutissimum refugium.= _To every man his

own house is the safest refuge_—i.e., _Every man’s house is his

castle_—“Nemo de domo sua extrahi potest.”

It has been decided, however, that the sheriff may lawfully break into

the house of a defendant in the following cases:—where the house is

recovered by any real action, or by ejectment in pursuance of the writ

“_habere facias possessionem_,” also where the king is a party. The

house of one man is a privilege or castle for himself only, and not for

one who flies to him for protection. (_Semayne’s Case_, 1 Sm. L. C. 121.

See Max. 162.)

=63. Dona clandestina sunt semper suspiciosa.= _Clandestine gifts are

always suspicious._

The gift in _Twyne’s Case_, 1 Sm. L. C. 11th ed. p. 1, was made in

secret. (See Maxs. Nos. 31 and 61.)

=64. Donatio non praesumitur.= _A gift is not presumed._

The law with reference to gifts is most stringent, and strict proof is

usually required.

=* 65. Donationes sint stricti juris, ne quis plus donasse praesumatur

quam in donatione expressit.= _Gifts are to be construed strictly

according to law, lest any one be presumed to have given more than

he may actually have set forth in the gift or grant._

See _Stat. De Donis Conditionalibus_, 13 Ed. I. c. 1, which by its

enactments laid the foundation of our present Estates Tail.

The word “heirs” was formerly necessary in order to create by deed an

estate in fee simple, or in tail; if land were given to a man for ever,

or to him and his assigns for ever, he would take only an estate for

life. By the Conveyancing Act the use of the word “heirs” is no longer

necessary, the words “in fee simple,” or “in fee tail,” being

sufficient, as the case may be.

=66. Duces tecum.= _You must bring with you._

A form of subpœna when production of documents is required.

=67. Duo non possunt in solido unam rem possidere.= _Two cannot

possess the whole of one thing in its entirety._

=68. Ea quae raro accidunt, non temere in agendis negotiis

computantur.= _Such things as seldom occur, are not rashly to be

taken into account in business transactions._

=* 69. Ei incumbit probatio qui affirmat, non qui negat; cum per rerum

naturam factum negantis probatio nulla sit.= _He must prove a thing

who says it, not he who denies it, since by the nature of things he

who denies a fact cannot produce any proof_; i.e., _the proof lies

upon him who affirms, and not upon him who denies_.

It is a general rule that in the trial of all actions the plaintiff

should begin. (See Maxs. Nos. 24 and 252.)

=* 70. Equality is Equity.=

Persons making purchases for a joint undertaking are held tenants in

common in equity, although at law they are joint tenants. (See _Lake_ v.

_Gibson_ and _Lake_ v. _Craddock_, 2 Wh. and Tud. L. C. Eq. 8th ed.

973.) Equity, where possible, always favours a tenancy in common as

opposed to a joint tenancy.

=* 71. Equity acts in personam=: i.e., _against the person_.

Judgments of Courts of Law were always enforced _in rem_, by writ of

_fieri facias_, &c., but the decrees of the Court of Chancery could

always be enforced _in personam_, by attachment. (See _Penn_ v. _Lord

Baltimore_, 1 Wh. and Tud. L. C. 8th ed. p. 800.)

=* 72. Equity imputes an intention to fulfil an obligation.= (_If the

thing actually done might have been done with an intention to fulfil

an obligation._)

The equitable doctrines of satisfaction (see _Talbot_ v. _Duke of

Shrewsbury_ and _Chancey’s Case_, 2 Wh. & Tud. L. C. Eq. 8th ed. pp.

378–9) and performance (see _Wilcocks_ v. _Wilcocks_, and _Blandy_ v.

_Widmore_, 2 Wh. and Tud. L. C. Eq. 8th ed. pp. 413–14 respectively),

have recourse to this maxim, and the principle upon which they are

founded is the one therein contained.

=73. Equity never wants a trustee.=

Where a valid trust exists, equity will impose on the person in whom the

legal estate is vested the duty and obligation of carrying out such

trust.

=* 74. Equity regards the spirit and not the letter.=

Equity looks at the intention of the parties, and not at the actual

words employed in any transaction. Equity always regarded a mortgage as

an instrument to secure the repayment of money, and allowed the

mortgagor to redeem at any time, but at Common Law, unless the mortgagor

paid back the money by the day named in the mortgage deed, his right of

redemption was gone. (See Maxs. Nos. 11 and 196.)

=75. Erant omnia communia et indivisa omnibus, veluti unum cunctis

patrimonium esset.= _All things were common and undivided to all

people, as if there were one property for all._

See Justin I. 43, c. 1. While there were yet few inhabitants on the face

of the globe, it seems probable and reasonable that all things were in

common among them, and that each took from the public stock what he

might require for immediate purposes, and that the right of possession

was coexistent only with actual possession. (See Steph. Comm. Vol. I.

Book II.)

=76. Esse optime constitutam rempublican, quae ex tribus generibus

illis, regali= (_monarchy_), =optimo= (_aristocracy_), =et populari=

(_democracy_), =sit modice confusa=. _That State is the best

constituted which is made up in moderation of the three classes,

royalty, nobility, and commons._

The truth of this is generally admitted—our own country, which comprises

the three above essentials, being universally acknowledged the best

governed kingdom in the world.

=77. Est boni judicis ampliare jurisdictionem (et justitiam).= _It is

the duty of a good judge to enlarge his jurisdiction and also

justice itself_; i.e., _to extend the remedies of the law, and

without usurping jurisdiction, to apply its rules to the advancement

of justice_.

Where a case comes before a court of law, in which it has hitherto been

the practice to refuse relief to the plaintiff or defendant, as the case

may be, and consequently to drive such party to seek redress in the

Court of Chancery, it is expedient for all parties and the public at

large, that such court of law, and its judge, should act in a liberal

and uncramped manner, and if possible apply the necessary remedy. (See

_Collins_ v. _Blantern_, 1 Smith, L. C. 11th ed. p. 369.) By the

Judicature Acts, “law” and “equity” are to be concurrently administered

in all Courts, but the true spirit of this maxim must ever stand good.

=* 78. Ex antecedentibus et consequentibus fit optima interpretatio.=

_From what goes before and what follows, the best interpretation is

arrived at._

The context must be most thoroughly looked into before a correct

interpretation can be obtained. This maxim is one of the most important

rules for the construction of contracts, which in all cases are to be

favourably construed according to their object, and the whole of their

terms. (See Chitty on Contracts, 16th ed. p. 100, and Maxs. Nos. 26,

177, 214 and 272.)

=79. Ex diuturnitate temporis omnia praesumuntur rite esse acta.=

_After a length of time all things are presumed to have been

properly done._

The Prescription Act, 2 & 3 Will. IV. c. 71, is in point upon this

maxim.

=* 80. Ex dolo malo non oritur actio.= _An action does not arise from

a fraud._

(See Maxs. Nos. 82, 182 and 234.)

=* 81. Ex nudo pacto non oritur actio.= _An action does not arise from

a nude contract._

Every simple contract must be supported by a valuable consideration, as

money, marriage, or the like. A good consideration (_i.e._,

relationship, or natural love and affection) will not support an

assumpsit. Chitty lays down the rule “that a sufficient consideration or

recompense for making, or motive or inducement to make, the promise upon

which a party is charged, is of the very essence of a contract not under

seal, both at law and in equity; and that such consideration must exist,

or the promise will be void and no action be maintainable thereon.” Such

consideration may be either executed, executory, concurrent or

continuing.

=* 82. Ex turpi causâ non oritur actio.= _No action arises from an

immoral cause (or base consideration)._

Contracts founded on a consideration which is _contra bonos mores_ are

void. See also _Merryweather_ v. _Nixan_, 2 Smith, L. C. 398, where it

was decided that there is no right of contribution between joint

tort-feasors. (See Maxs. Nos. 80, 182 and 232.)

=83. Exceptio probat regulam.= _Exception proves the rule._

(See Max. No. 174.)

=84. Executio juris non habet injuriam.= _The execution of the law

works no injury._ =Actus legis neminem est damnosum.= _The act of

the law is hurtful to none._

=* 85. Expressio coram quae tacitè insunt, nihil operatur.= _The

express mention of those things which are tacitly implied, has no

effect._

A voluntary courtesy is insufficient to support a subsequent promise,

unless there has been an antecedent request, and such request must be

proved at the trial, except where the consideration, though executed, is

of such a nature that it must necessarily have been moved by a previous

request, and in which case therefore, such a statement becomes merely

“expressio eorum quae tacitè insunt,” and is consequently unnecessary.

(_Lampleigh_ v. _Braithwait_, 1 Smith, L. C. 11th ed. p. 141.)

=86. Expressio unius est exclusio alterius.= _The express mention of

one thing causes the exclusion of another._

Where in a mortgage of several properties the following general words

were used, “together with all grates, boilers, &c., and other fixtures

in and about the said two dwelling-houses and the brewhouse thereunto

belonging,” it was ruled that the fixtures in the other mortgaged

property did not pass to the mortgagee, although without these words

they would have done. By particularising one or more members of a class,

an intention may be inferred to exclude the rest.

=* 87. Expressum facit cessare tacitum.= _What is expressed makes what

is implied to cease._

The word “demise” in a lease implies a covenant for quiet enjoyment, but

if such covenant be inserted, then the maxim will not apply. Implied

contracts in law exist only where there is no express promise between

the parties. (See Chitty on Contracts, 16th ed. pp. 47 and 385.)

=* 88. Falsa demonstratio non nocet.= _An erroneous description does

not vitiate._

Where in the former part of an instrument there is to be found a

sufficiently clear and certain description, it will not be vitiated by a

subsequent erroneous addition. (See Chitty on Contracts, 16th ed. p.

104, and Maxs. Nos. 89 and 274.)

=89. Falsa orthographia, sive falsa grammatica, non vitiat

concessionem.= _Incorrect spelling or ungrammatical expressions do

not mar a gift._

(See Maxs. Nos. 88 and 146.)

=90. Falsus in uno falsus in omnibus.= _False in one thing false in

all._

It will always be found best, “honeste vivere, alterum non laedere, sua

cuique tribuere.” Honesty is the best policy; once a knave always a

knave.

=91. Fatetur facinus qui judicium fugit.= _He who flies from justice

acknowledges himself a criminal._

Under such circumstances the presumption is one of guilt.

=* 92. Fides est obligatio conscientiae alicujus ad intentionem

alterius.= _A trust is the obligation of one’s conscience to fulfil

the intention of another._

A trust is also defined as a beneficial interest in, or ownership of,

real or personal property, unattended with the legal ownership thereof.

(Snell’s Eq. 16th ed. Part II.)

=93. Fieri non debuit, sed factum valet.= _It ought not to have been

done, but having been done is valid._

A marriage by persons under the age of twenty-one years without the

consent of their father is valid, although by 4 Geo. IV. c. 76, s. 16,

such consent is made requisite. (See Max. No. 228.)

=94. Foreclose down, redeem up.=

A mortgagee can only foreclose those claiming an interest in the

mortgaged property after himself; but a mortgagor must redeem every

mortgage, and any mortgagee, in order to obtain the rights of a first

mortgagee, must redeem all mortgages prior to his own. (See Snell’s Eq.

16th ed. Chap. XVI.)

=95. Fractionem diei non recipit lex.= _The law takes no note of a

fraction of a day._

When an act has to be done on a certain day, the whole of that day is

allowed in which to do it. This rule has exceptions, however, for in

case of documents registered on the same day, priority of registration

may be shown by the numbers, and this becomes, at times, of the utmost

importance.

=96. Frater fratri sine legitimo haerede defuncto, in beneficio quod

eorum patris fuit, succedat; sin autem unus e fratribus a domino

feudum acceperit, eo defuncto sine legitimo haerede, frater ejus in

feudum non succedit.= _A brother may succeed a brother who has died

without lawful heir in the benefice which belonged to their father;

but if one brother shall have received a feud from a lord, if he

dies without a lawful heir, his brother does not succeed to the

feud._

This is one of the old laws of inheritance, which are still of

importance as leading to a perfect understanding of the Act of 1833.

Formerly no one could succeed to an inheritance unless he was not only

of the blood of the purchaser, but also his lineal issue, consequently

one brother could not succeed to another brother’s inheritance, of which

the latter was the purchaser, because he could not be his brother’s

lineal issue, but where the inheritance had originally descended from an

ancestor, one brother could succeed another, as he might be the lineal

issue of such ancestor. (See Steph. Comm. I. 15th ed. p. 257 _et seq._,

also next Maxim and No. 203.)

=97. Frater fratri uterino non succedat in haereditate paternâ.= _A

brother shall not succeed a brother of the half blood in the

father’s estate._

Another old law of inheritance, under which the half-blood were totally

excluded, the land escheating to the lord of the manor rather than go to

a kinsman bearing this relationship to the person from whom descent was

to be traced. Now, however, since the Inheritance Act, s. 9, it is

otherwise, the place in which any such relation by the half-blood stands

in the order of inheritance being next after any relative in the same

degree of the whole blood, and his issue, where the common ancestor is a

male, and next after the common ancestor, where such common ancestor is

a female. (See Steph. Comm. I. 15th ed. p. 257 _et seq._, also last

Maxim and No. 203.)

=98. Fraus est celare fraudem.= _He who conceals a fraud perpetrates

one himself._

This illustrates the doctrine of constructive frauds. Where a man

designedly produces a false impression on another, and the latter

consequently commits some act, or enters into some contract, injurious

to himself and his own interests, the former is guilty of fraud. (See

Max. No. 260.)

=99. Frustrâ fit per plura, quod fieri potest perpauciora.= _That is

unnecessarily done by many (words), which is capable of being done

by fewer._

That the force of this maxim has been appreciated by our legislature is

shown and evidenced by most of the recent Acts of Parliament, and

especially so by the Conveyancing and Law of Property Act, 1881, which

has considerably curtailed the length of many legal documents. Accuracy

and precision are ever to be commended in preference to verbosity. Short

titles are now given to all important statutes.

=100. Furiosus solo furore punitur.= _Let a madman be punished by his

madness alone._

Thus, in general, idiots and lunatics are not liable on contracts, and

bear a certain analogy to infants. (Chitty on Contracts, 16th ed. pp.

158–61.)

=101. Generalis regula generaliter est intelligenda.= _A general rule

must be generally understood._

=102. Haereditas nunquam ascendit.= _Inheritance never ascends._

This rule was exploded by 3 & 4 Will. IV. c. 106, s. 6, by which, on

failure of issue of the purchaser, the inheritance goes to the nearest

lineal ancestor. Bracton and Lord Coke compared the descent of an

inheritance to that of a falling body, which never went upwards in its

course. “Descendit jus quasi ponderosum quid, cadens deorsum rectâ

lineâ: et nunquam reascendit eâ viâ quâ descendit.” (See Max. No. 58.)

=103. Haeres legitimus est quam nuptiae demonstrant.= _He is the

legitimate heir whom marriage declares._

=* 104. He who comes into equity must come with clean hands.=

An infant, although not generally liable on his contracts, cannot make

use of his own fraudulent acts as a means whereby to benefit himself.

=* 105. He who seeks equity must do equity.=

It is in pursuance of this maxim that the right of the wife’s equity to

a settlement is enforced. (Snell’s Eq. 16th ed. p. 13.)

=106. Hoc quidem perquam durum est, sed ita lex scripta est.= _This

indeed is hard, but it is the written law._

Although, in some cases, equity mitigated the rigours of the law, yet in

others it was quite incapable of so doing; as, for example, many of the

old laws of inheritance were certainly hard and unjust, yet equity gave

no relief, the legislature having to intervene with the Act 3 & 4 Will.

IV. c. 106.

=107. Ibi esse poenam ubi et noxa est.= _The punishment should be in

the same place as the guilt._

This is so according to the dictates of common sense and fairness.

=* 108. Id certum est quod certum reddi potest.= _That is certain

which can be reduced to a certainty._

This maxim is alike a rule of logic as of law. Customs must not be

optional, but compulsory, reasonable, definite, &c.

=109. Idem est non esse et non apparere.= _Not to be and not to

legally prove are the same thing._

According to the laws of evidence, where he, on whom the onus of proving

the affirmative lies, fails in such proof, the contrary is presumed,

though there be no evidence in support of such presumption.

=* 110. Ignorantia facti excusat, ignorantia juris (quod quisque

tenetur scire) neminem excusat.= _Ignorance of fact excuses,

ignorance of the law (which every one is presumed to know) excuses

no one._

Applicable only to the general laws of the country “_quod quisque

tenetur scire_.” No action can be maintained to recover money paid under

process of law. (See _Marriot_ v. _Hampton_, 2 Sm. L. C. 421, and

Snell’s Eq. 16th ed. p. 393, and Max. No. 176.)

=111. In consimili casu, consimile debet esse remedium.= _In similar

cases, the remedy should be similar._

(See Max. No. 265.)

=* 112. In contractu tacite insunt quæ sunt moris et consuetudinis.=

_Those things which are customary and of general usage are tacitly

implied in a contract._

As a general rule, the law of the country in which a contract is entered

into presumably governs its interpretation in the absence of a contrary

and express intention of the parties. _(Jacob v. Crédit Lyonnaise_, 12

Q. B. D. p. 600.)

=113. In criminalibus probationes debent esse luce clariones.= _In all

criminal charges the proofs should be as clear as day._

An accused person is always entitled to receive the benefit of the doubt

if any such exists on the evidence.

=114. In judicio non creditur nisi juratis.= _In a trial only sworn

witnesses are believed._

This has been modified of late years, especially by 17 & 18 Vict. c.

125, which, _inter alia_, provides that any person called as a witness,

who shall refuse or be unwilling to be sworn from conscientious motives,

may make affirmation instead. (As to the form of such affirmation, see

31 & 32 Vict. c. 72.)

=* 115. In jure, non remota, sed proxima spectantur.= _The law has

regard to things near at hand, and not to those remote._

Especially applicable in questions of damages, with reference to which

one of the most important rules is, that they must not be too remote,

but must be the natural and probable result of the defendant’s wrongful

act. Mayne on Damages says: “Damage is said to be too remote when,

although arising out of the cause of action, it does not so immediately

and necessarily flow from it, as that the offending party can be made

responsible for it.” (See also hereon _Hadley_ v. _Baxendale_, 9 Ex.

343, and _Kelly_ v. _Partington_, 5 B. & A. 645.)

=116. In maleficiis voluntas spectatur non exitus.= _In criminal acts

the intention is to be sought or examined rather than the result._

A bad or criminal intention must be shown in all such cases. (See Maxs.

Nos. 9 and 285.)

=* 117. In pari delicto potior est conditio defendentis.= _In case of

equal fault the position of the defendant is the better._

Where an immoral contract has been executed, and both parties are

equally in fault, the maxim applies, and the contract will not be set

aside. In divorce actions, a wife guilty herself of adultery is not

entitled to a decree _nisi_ for which she may petition as against an

offending husband. (See Chitty on Contracts, 16th ed. p. 695, and next

Max.)

=118. In pari delicto potior est conditio possidentis.= _In case of

equal guilt, the condition of the possessor is the better._

Where a marine policy is void, _ab initio_, from a cause not amounting

to any fraud or breach of law on the part of the assured, the insurer is

bound to return the premium paid; yet, when such policy is void by

reason of fraud on the assured’s part, the latter cannot then reclaim

the premium, and the rule applies. (See Steph. Comm. II. pp. 88–9, and

last Max.)

=119. In presumptione juris semper æquitas existit.= _Equity is always

to be found in a presumption of law._

Where the object of such presumption is satisfied, and there is no

equity in continuing it, it should cease. (See _Colborne_ v. _Patmore_,

4 Tyrwh. 677; C. M. & R. 73.)

=120. In re communi potior est conditio prohibentis.= _In a

partnership the condition of one who forbids is the more

favourable._

When partners are equally divided, those who forbid any change or other

alteration have the better right.

=121. In societatis contractibus fides exuberet.= _The strictest good

faith must be exercised in partnership transactions._

The highest standard of honour is requisite from every member of a

partnership towards every other member of the firm.

=122. In testamentus plenius testatoris intentionem scrutamur.= _In

wills we seek more especially for the testator’s intention._

This intention must be agreeable to law, and the intent must be

collected from the actual words of the will. (See Maxs. Nos. 123, 273,

and 275.)

=123. In testamentis plenius voluntates testantium interpretantur.=

_In wills the wishes of testators are more liberally expounded._

Thus Broom says: “A will should receive a more liberal construction than

its strict meaning, if alone considered, would permit.” (See Maxs. Nos.

122, 273, and 275.)

=124. In traditionibus chartarum non quod dictum sed quod factum est

inspicitur.= _In the delivery of deeds, not what was said at the

time, but what was done, must be looked at._

A document under seal may be delivered to a third person only, to be

delivered by him to the grantee, when the latter has performed certain

specified conditions. Such documents are known as escrows, and do not

acquire the force of a deed until the conditions precedent have been

fulfilled and delivery thereupon made to the grantee. (See Steph. Comm.

I. Cap. XVII., and Max. No. 264.)

=125. Incertam et caducam haereditatem relevant.= _They take up again

a doubtful and lapsed inheritance._

Upon the succession to a feud, on the death of the last tenant, the heir

formerly succeeded thereto not as of right, but only by the favour of

the lord of the manor, to whom a fine, called a relief, was paid—this

relief continued payable even after feuds became hereditary, although

the reason for its being claimed had ceased. (See Steph. Comm. Vol. I.

Cap. II.)

=126. Injuria non excusat injuriam.= _One wrong does not justify

another._ Or to use a colloquial expression, _Two wrongs will not

make a right._

=127. Interest reipublicae, ut sit finis litium.= _It is to the

advantage of the State that there should be a limit to lawsuits._

The Statutes of Limitations have been passed with a view to limit the

time within which actions may be brought. But for these Statutes, a

plaintiff might delay bringing his action until the defendant had lost,

by casualty or otherwise, the evidence on which his case rested. (See

Steph. Comm. III. Cap. XIII., and Max. No. 282.)

=128. Invito beneficium non datur.= _A benefit is not conferred upon

an unwilling recipient._

No one can be compelled to accept a gift against his wish. A legatee may

refuse a gift, an executor may renounce probate, and a trustee may

disclaim his office.

=129. Judices non tenetur exprimere causam sententiae suae.= _Judges

are not compelled to give reason for their opinions_; i.e.,

_judgments or sentences_.

It is the general opinion that judges not only ought not to be compelled

to explain, but also that they should not do so voluntarily. Recent

years have witnessed a few instances in which an explanation has been

vouchsafed; but it has been almost universally disapproved of by members

of the legal profession.

=130. Judicis est judicare secundum allegata et probata.= _It is the

duty of a judge to decide according to facts alleged and proved._

In every action a litigant should be prepared to adduce proof of all

facts upon which his case depends.

=131. Judicis est jus dicere non dare.= _It is for the judge to

administer, not to make the law._

Unwilling magistrates frequently shield themselves behind this, at

times, very convenient rule.

=132. Jura publica anteferenda privatis.= _Public rights are to be

preferred to private ones._

=133. Juris praecepta sunt haec: honeste vivere, alterum non laedere,

suum cuique tribuere.= _The maxims (or requirements) of the law

are_: _To live honourably. To injure no one. To render to every one

his due._

=* 134. Jus accrescendi inter mercatores locum non habet, pro

beneficio commercii.= _The right of survivorship has no existence

among merchants, for the encouragement of trade._

=* 135. Jus accrescendi praefertur oneribus ac ultimae voluntati.=

_The right of survivorship is preferred to encumbrances and to the

last will._

This has reference to, and forms one of, the principal rules affecting

joint tenancies. Dower and courtesy do not apply to joint estates.

=136. Jus respicit aequitatem.= _Law has regard to equity._

(See Jud. Act, 1873, sec. 25, ss. 11, and Max. No. 141.)

=137. Leges posteriores priores abrogant.= _Subsequent laws repeal

former ones._

Statutes may repeal prior ones, either by express provision or by

implication. Every statute impliedly repeals an earlier one, so far as

the latter is contrary thereto. Unless otherwise expressed, a statute

must be construed as prospective in its operation. (See Steph. Comm. I.

p. 43, and Max. No. 233.)

=138. Leges solâ memoriâ et usu retinebant.= _Laws were only preserved

by memory and custom._

Among the primitive Saxons, owing to the small skill in writing that

generally obtained, all laws were traditional, being handed down from

one generation to another solely by word of mouth. Our “unwritten” or

Common Law of the present day, however, is not merely oral, but is to be

sought in the records of the various Courts and in the reports of

judicial decisions. (See Steph. Comm. I. sec. III.)

=139. Lex non cogit ad impossibilia.= _The law does not force to

impossibilities._

This rule does not apply where a thing is impossible on account only of

the defendant’s personal inability to perform a contract. (See Chitty on

Contracts, 16th ed. pp. 763–4, and Max. 170.)

=140. Lex prospicit non respicit.= _The law looks forward, not

backward._

It is but seldom that statutes are made retrospective.

=141. Lex respicit aequitatem.= _The law has regard to equity._

The provisions of the Judicature Acts are a good illustration. (See Max.

No. 136.)

=142. Linea recta semper praefertur transversali.= _The right line is

always preferred to the collateral._

By 3 & 4 Will. IV. c. 106, “The lineal descendants _in infinitum_ of any

persons deceased shall represent their ancestor; that is, shall stand in

the same place as the person himself would have done had he been

living.” The eldest male alone inherits where two or more are in equal

degree of consanguinity to the purchaser; females inherit altogether.

(See Williams on Real Property, 20th ed. Cap. IX.)

=143. Littera scripta manet, vox emissa volat.= _What is written

endures, things spoken speed away._

The distinction of damages in actions for libel and slander form a good

illustration of what is meant by this maxim. (See Max. No. 286.)

=144. Locus regit actum.= _The place governs the act._

The law of the place where a legal transaction was entered into—_Lex

loci contractus_—usually governs its validity.

=* 145. Magis de bono quam de malo lex intendit.= _The law is in

favour rather of a good than of a bad construction (or intention)._

If in a contract the words used are capable of two constructions, the

one in conformity with, and the other against the law, the former is

adopted. Every accused person is presumed in the law to be innocent

until he be proved guilty. (See Chitty on Contracts, 16th ed. p. 97, and

Max. No. 169.)

=146. Mala grammatica non vitiat chartam.= _Bad grammar does not

vitiate a deed or document._

(See Chitty on Contracts, 16th ed. p. 112, and Max. No. 89.)

=147. Malus usus est abolendus.= _An evil custom ought to be

abolished._

=148. Melior est justicia vere praeveniens quam severe puniens.=

_Justice is better when it prevents rather than punishes with

severity._

=149. Melius est petere fontes quam sectari rivulos.= _It is better to

go to the fountain head than to follow rivulets._

All students will find this advice the best and safest to follow. (See

Preface to this edition.)

=150. Minatur innocentibus qui parcit nocentibus.= _He who spares the

guilty threatens the innocent._

=151. Minimè mutanda sunt quae certam habet interpretationem.= _Such

things as have a clear interpretation ought to be changed but

little._

This maxim is well illustrated by many of the old-fashioned technical

terms used in conveyancing, and which by long usage have obtained a

well-defined meaning, and one that cannot be well met by the use of any

other word or expression, as the case may be.

=* 152. Mobilia sequuntur personam.= _Movables follow the person._

On an intestacy, personal chattels are distributed according to the law

of the country where deceased was domiciled at the time of death, and

not according to the law of the place where they happen to be located.

=* 153. Modus et conventio vincunt legem.= _Custom and agreement

override the law._

This is one of the leading principles relative to the law of contracts.

The exceptions to the rule here laid down are in cases against public

policy, morality, &c. (See the case of _Richardson_ v. _Langridge_,

Tudor’s L. C. Convey. 4th ed. p. 4; Chitty on Contracts, 16th ed. p.

592, and Maxs. Nos. 37 and 197.)

=154. Mors dicitur ultimum supplicium.= _Death is said to be the

extreme penalty._

Death is the utmost limit of all things. Capital punishment is now only

inflicted in cases of high treason and murder.

=155. Multi multa, nemo omnia novit.= _Many have known many things; no

one has known everything._

So long, at least, as the law is ever changing, this must remain true.

=156. Mutatis mutandis.= _Making such changes or alterations as the

sense requires._

=157. Nam silent leges inter arma.= _Laws are silent in time of war._

It is to be noticed that during those periods of our history in which

wars, civil or foreign, were most prevalent, very little was

accomplished in the way of legislature. Domestic legislation is always a

sure index of a peaceful administration.

=158. Necessitas non habet legem.= _Necessity has no law._

(See next Max.)

=159. Necessitas vincit legem.= _Necessity defeats the law._

(See last Max. and No. 230.)

=160. Nemo contra factum suum venire potest.= _No one can go against

his own deed._

This maxim illustrates the doctrine of estoppel, of which there are

three kinds. (1) By matter of record; (2) by deed; (3) by matter in

pais. No person can, after execution, dispute his own solemn deed, which

is conclusive against him and those claiming under him, even as to facts

recited therein. (See Chitty on Contracts, 16th ed. p. 5.)

=161. Nemo dat quod non habet.= _No one can give what he has not._

No one can, other than by sale in market overt, confer upon another a

better title than he himself has. A great exception to this principle

occurs in the case of “negotiable securities,” which by custom are

transferable like cash by delivery. (See _Miller_ v. _Race_, 1 Sm. L. C.

p. 463.) A thief can confer no title to stolen goods. (See Maxs. Nos.

166 and 232.)

=162. Nemo de domo suâ extrahi potest.= _No man can be dragged out of

his own house._

(See Max. No. 62.)

=163. Nemo debet bis punari, pro uno delicto.= _No one should be twice

punished for the same offence._

(See next Max.)

=* 164. Nemo debet bis vexari pro unâ et eâdem causâ.= _No one ought

to be tried twice (twice put to trouble) for one and the same

cause._

It is a well-established principle of Criminal Law, that where a man is

indicted for an offence and acquitted, he cannot afterwards be again

indicted for the same offence, if he might have been convicted at the

onset by proof of the facts contained in the second indictment. (See

last Max.)

=* 165. Nemo est haeres viventis.= _No man is heir of a living

person._

There may be either an heir apparent, as the eldest son, or an heir

presumptive, as an only daughter. The question of actual heirship arises

only on the death of the owner. No inheritance can vest, and no one can

be a complete heir until the ancestor is dead. (See Max. No. 59.)

=* 166. Nemo plus juris in alium transferre potest quam ipse habet.=

_No one can confer a better right to another than he has himself._

(But see _Miller_ v. _Race_, 1 Sm. L. C. 11th ed. p. 463, and Max. No.

161.)

=167. Nemo potest esse agens et patiens.= _No one can be alike an

active and a passive party._

=* 168. Nemo potest mutare consilium suum in alterius injuriam.= _No

one can change his purpose (or advice) to the injury of another._

It will be noticed that Acts of Legislation are generally prospective

and not retrospective in their application. The doctrine of estoppel

also illustrates the meaning intended to be conveyed.

=169. Nemo praesumitur malus.= _No one is presumed to be bad._

(See Max. No. 145.)

=* 170. Nemo tenetur ad impossibile.= _No one is bound to an

impossibility._

If a man contracts to do anything which is physically impossible, such

contract is not binding on him; but where the contract is to do a thing

which, though possible at the time, subsequently becomes impossible, it

is otherwise; also if the impossibility is one personal only to the

contractor. (See Max. No. 139.)

=171. Nemo tenetur seipsum prodere.= _No one is bound to betray

himself_; i.e., _cannot be compelled to criminate himself_.

A collection of Latin maxims and phrases literally translated Intended for the use of students for all legal examinations · 第 5 / 9 题