=172. Nihil tam conveniens est naturali aequitati, quam unumquodque
dissolvi eo ligamine quo legatum est.= _Nothing is so consonant to
natural equity, as that a thing may be dissolved by the same means
which made it binding._
=173. Non accipi debent verba in demonstrationem falsam quae competunt
in limitationem veram.= _Words which admit of a true meaning ought
not to be received in a false sense, or one inconsistent with the
facts._
Thus, where there is a subject-matter which answers in every particular
to a description contained in a will or deed, no part of the description
can be rejected so as to make it include more.
=174. Non est regula quin fallat.= _There is no rule but it may fail;
exception proves the rule._
(See Max. No. 83)
=175. Non quod dictum est, sed quod factum est, inspicitur.= _Regard
is to be had, not to what is said, but to what is done._
Where a lessor gives a receipt for money tendered to him as rent, this
is in point of law a receipt for rent, and a waiver of any forfeiture
which may have been previously incurred; although the lessor, before the
tender, and on taking the rent, expressed his intention to accept the
money only as compensation for the use of the land. (_Croft_ v.
_Lumley_, 5 E. & B. 648.)
=176. Non videntur qui errant consentire.= _Those who make a mistake
are not considered to consent._
Mistake is of two kinds, either of fact or of law, the former, as a
rule, will be relieved against “_Ignorantia facti excusat_,” provided
there had been no acquiescence; but with regard to the latter the Court
will only grant relief in exceptional cases, “_Ignorantia legis neminem
excusat_.” (See _Lansdowne_ v. _Lansdowne_, 2 Jacob & Walker, 205.)
Ignorance of foreign law is deemed ignorance of fact. (See generally
hereon Snell’s Eq. 16th ed. p. 396, and Max. No. 110.)
=177. Noscitur a sociis.= _It may be known or explained from its
associates_; i.e., _the meaning may often be gathered from the
context (“si non cognoscitur ex se”)_.
This refers to the construction of words and clauses in contracts and
written instructions. (See Chitty on Contracts, 16th ed. p. 102, and
Max. No. 78.)
=178. Nudum pactum.= _A naked agreement_; i.e., _a bare promise; a
contract not supported by necessary consideration_.
=179. Nullum scutaglum ponatur in regno nostro, nisi per communes
consilium regni nostris.= _No scutage can be imposed in our realm,
save by the common council of the kingdom._
All imperial taxes are fixed and settled by the House of Commons, in
which House all “money Bills” originate.
=* 180. Nullum tempus aut locus occurrit Regi.= _No time or place
affects the king._
Lapse of time will not generally bar the right of the Crown.
=181. Nullus clericus nisi causidicus.= _A clerk (in holy orders) was
ever a pleader._
In early times the clergy monopolised all learning, and out of their
ranks all judges were formally appointed, all the inferior legal offices
being also filled by the lower clergy: hence their name of clerks. From
the year 1373–1530 A.D. no lawyer filled the office of Lord Chancellor,
the post being all along occupied by the clergy. “_Les juges sont sages
personnes et autentiques, sicomme, les archevesques, evesques, les
chanoines, &c._”
=* 182. Nullus commodum capere potest de injuria sua propriâ.= _No one
can obtain an advantage by his own wrong._
The examples of this maxim are numerous in every branch of the law. (See
_Twyne’s Case_, 1 Sm. L. C. 11th ed. p. 1, and Maxs. Nos. 80 and 82.)
=183. Nullus simile est idem, nisi quotuor pedibus currit.= _No like
is exactly identical unless it runs on all fours._
=184. Obiter dictum.= _Said by the way_; i.e., _in passing_.
The “_obiter dicta_” of learned judges are frequently quoted, although
the same do not directly relate to the actual facts upon which judgment
is being delivered, consequently they are not so important.
=185. Odiosa et inhonesta non sunt praesumunda in lege.= _Odious and
dishonest things are not to be presumed in law._
=186. Officium nemini debet esse damnosum.= _A duty should be
injurious to no one._
No one should sustain any loss by reason of doing his duty. Thus,
Justices of the Peace and County Court bailiffs should not personally
suffer loss on account of their having, in the performance of their
duty, to do things which are sometimes distasteful alike to themselves
and others.
=* 187. Omne majus continet in se minus.= _The greater contains the
less._
A tender by a debtor to his creditor of an amount in excess of that
owing is perfectly good for what is actually due. (See Chitty on
Contracts, 16th ed. p. 326.)
=188. Omne quod solo inaedificatur solo cedit.= _Everything built on
the soil belongs to the soil._
The grant of certain land will pass to the grantee all buildings and
erections thereon, even though such erections be not specifically
mentioned. (See Steph. Comm. I. p. 313, and Maxs. Nos. 46 and 224.)
=* 189. Omne testamentum morte consummatum est, et voluntas testatoris
est ambulatoria usque ad mortem.= _Every testament is perfected by
death, and the will of a testator is “ambulatory” (revocable) even
unto death._
A will is of no effect and does not operate until the death of the
testator, until which time it may be revoked or altered by him at his
pleasure. It speaks from the date of death, and not that of its
execution.
A will may be defined as follows:—Voluntatis nostrae justa sententia de
eo quod quis post mortem suam fieri velet. (See Max. No. 261.)
=190. Omnia praesumuntur contra spoliatorem.= _Every presumption is
made against a wrongdoer._
See the third point of decision in _Armory_ v. _Delamirie_, 1 Sm. L. C.
11th ed. p. 356, where it was decided that if a person withhold evidence
in his possession, every presumption shall be adopted to his
disadvantage, that is, such evidence shall be taken as adverse to his
interest.
=* 191. Omnia praesumuntur rite et solenniter esse acta, donec
probetur in contrarium.= _All things are presumed to have been
rightly and properly performed, until the contrary is proved._
Where there is a proper attestation clause to a will which appears on
the face of it to be duly executed, the Court assumes that the Wills Act
has been complied with, even although the witnesses may forget the
circumstances. (See _Vinnicombe_ v. _Butler_, 34 L. J. (P. & M.) 18.)
=192. Omnis coactio a legato abesse debet.= _Every suit against an
ambassador should fail._
It has now been decided that an ambassador is entitled to absolute
exemption from suits in the Courts of the country to which he is sent.
(See _The Magdalene Steam Navigation Co._ v. _Martin_, 2 El. & El. 94,
28 L. J. Q. B. 310.)
=193. Omnis innovatio plus novitate perturbat quam utilitate prodest.=
_Every innovation occasions more harm by its novelty than benefit by
its utility._
The principle here laid down applies rather to the immediate, than to
the ultimate and permanent effects. (See _Ashby_ v. _White_, 1 Smith, L.
C. 11th ed. p. 240, and Chitty on Contracts, 16th ed. p. 900.)
=* 194. Omnis ratihabitio retrotrahitur et mandato priori
aequiparatur.= _Every ratification has a retrospective effect and is
equivalent to a previous authority or contract._
Where a person acts as agent for another, and professes (without
authority) to contract for him, a subsequent assent by the principal is
equivalent to a previous authority. (See Chitty on Contracts, 16th ed.
pp. 21 and 279, also Maxs. Nos. 55 and 208.)
=195. Omnium contributione sarciatur quod per omnibus datum est.=
_That which is given for all should be contributed by all._
This maxim is the essence of the law as to general average, under which,
where goods have been thrown overboard for the safety of a ship, that
being the only alternative, contribution to the loss is made
proportionately by the owners of the ship and all who have goods on
board. (See Steph. Comm. II. Cap. V. Sec. X.)
=* 196. Once a mortgage always a mortgage.= _Where a document is once
satisfactorily established as a mortgage, a mortgage it always will
remain._
This was not formerly so at Common Law, but now, since the Judicature
Act, 1873, the rule of equity prevails. (See Snell’s Eq. 16th ed. p.
238, and Max. No. 74.)
=197. Optimus legis interpres est consuetudo.= _Custom is the best
interpreter of law._
(See also Maxs. Nos. 37 and 153.)
=198. Pacta privata juri publico derogare non possunt.= _Private
contracts cannot repeal the public right_—i.e., _cannot adversely
affect a public right_.
=* 199. Partus sequitur ventrem.= _The offspring follows the womb._
This maxim illustrates the doctrine of property arising from accession,
and is grounded on the right of occupancy. It has been held in the case
of all tame and domestic animals, that the offspring belong to the owner
of the mother, although in the case of human beings it is otherwise,
except as to bastards. (See Steph. Comm. II. p. 21.)
=200. Patria potestas in pietate debet, non in atrocitate,
consistere.= _A father’s power ought to be based on affection and
not on cruelty._
Parents’ power over their children is derived from their duty towards
them, being given them, partly to enable them the more effectually to
perform their duty, and partly as a recompense for their trouble in its
discharge. (See Steph. Comm. II. Cap. III., also the recent Acts for the
Prevention of Cruelty to Children.)
=201. Pendente lite nihil innovetur.= _Whilst a lawsuit is pending
nothing must be altered._
This principle or effect is limited to the rights of parties in that
particular suit.
=202. Pluris est occulatus testis usus quam auriti decem.= _One
eye-witness is worth more than ten hearsay._
Hearsay or second-hand evidence is generally inadmissible except in
certain cases, such as questions of custom or pedigree.
=203. Possessio fratris (de feodo simplici) facit sororem esse
haeredem.= _Possession by the brother of an estate in fee simple
constitutes the sister heiress._
Applicable to the old law of inheritance, under which the half-blood
were totally excluded from the succession, land descending to a sister
of the whole blood of the person last seised, rather than to a brother
of the half-blood. Now, however, by 3 & 4 Will. IV. c. 106, the
half-blood are admitted. (See Steph. Comm. I. p. 274, also Maxs. Nos. 96
and 97.)
=204. Potior est conditio possidentis.= _The condition of one in
possession is the more preferable._
The old English adage, “Possession is nine-tenths of the law,” now very
qualified in its truth and application, probably had its origin in this
maxim. (See Max. No. 118.)
=205. Praestat cautela quam medela.= _Caution is better than cure._
=206. Principia probant non probantur.= _It is not necessary to prove
first principles—i.e._, maxims (see Preface).
=207. Quaelibet concessio fortissime contra donatorem interpretanda
est.= _Every grant is to be interpreted most strongly against the
donor._
(See Max. No. 272.)
=* 208. Quando aliquid mandatur, mandatur et omne per quod pervenitur
ad illud.= _When anything is ordered to be done, everything by which
it is to be accomplished is also impliedly authorised._
One of the rules affecting the law of principal and agent, is that the
latter’s authority includes all medium powers “per quod pervenitur ad
illud.”
=209. Quando jus domini regis et subditi concurrunt jus regis
praeferri debet.= _When the right of the king and that of a subject
arise simultaneously the former takes precedence._
=* 210. Quando lex aliquid alicui concedit, concedere videtur et id
sine quo res ipsa esse non potest.= _When the law gives a man
anything it gives him that also without which the thing itself
cannot exist._
Under the following circumstances a _way of necessity_ is
implied—_e.g._, if A. grant to B. a piece of land surrounded on all
sides by other land of A.’s B. will (in case there be no right of way to
his land) have a right of way over A.’s surrounding land for such time
as the necessity exists. The application of this maxim is very limited,
and it refers more especially to contracts under seal. (See Chitty on
Contracts, 16th ed. p. 115, and Max. No. 42.)
=* 211. Quando res non valet ut ago, valeat quantum valere potest.=
_When anything does not operate in the way one intends, let it
operate as far as it can._
In the case of _Roe_ v. _Tranmarr_, 2 Sm. L. C. p. 506, a deed
purporting to be a release which could not operate as such because it
attempted to convey a freehold “in futuro,” was held valid under the
circumstances as a covenant to stand seised (see Max. No. 26). A lease
in writing but not under seal, is not absolutely void, but held good in
equity as an agreement for a lease. (See Maxs. Nos. 271, 273, and 275.)
=212. Qui ex damnato coitu nascuntur inter liberos non computantur.=
_Those born from an unlawful intercourse are not to be deemed among
the lawful children._
Bastards are incapable under our law of being heirs, and are held to be
“nullius filii.” By the civil law they could inherit being legitimated
by the lawful marriage of their fathers and mothers.
=* 213. Qui facit per alium facit per se.= _He who acts through
another acts through himself._
A contract made by an agent is looked upon in law as the contract of the
principal, so agents need not be “_sui juris_,” and infants, married
women, and others are competent to act as such. The agent must, however,
act within the scope of his authority. In _Scott_ v. _Shepherd_, 2
Black. 892, an action was held to lie against the person who originally
threw a squib which, after being knocked about by other persons in
self-defence, ultimately hit and put out the plaintiff’s eye. (See
Chitty on Contracts, 16th ed. pp. 262–7, and Max. No. 240.)
=214. Qui haeret in litera haeret in cortice.= _He who considers only
the mere wording of a document goes but skin deep into its meaning._
(See Maxs. Nos. 26, 78, 177, and 273.)
=215. Qui minimum probat nihil probat.= _He proves nothing who proves
too much._
=216. Qui non improbat, approbat.= _He who does not blame, approves._
(See next Max.)
=* 217. Qui non prohibet id quod prohibere potest, assentire videtur.=
_He who does not forbid what he is able to prevent, appears to
assent._
So one who enables another to commit a fraud is answerable. A person who
has a title to property offered for sale at an auction, and, knowing his
title, stands by and encourages the sale or does not forbid it, will be
bound by the sale, for “_Qui non obstat quod obstare potest, facere
videtur_.” _Teasdale_ v. _Teasdale_, Sel. Ch. Cas. 59. (See Snell’s Eq.
16th ed. cap. 3, and also Maxs. Nos. 35, 98, 216, and 222.)
=218. Qui parcit nocentibus, innocentes punit.= _He who spares the
guilty, punishes the innocent._
=219. Qui peccat ebrius, luat sobrius.= _Let him who sins when drunk,
be punished when sober._
An intoxicated person can derive no privilege from a madness thus
voluntarily contracted. On an indictment for murder, however,
intoxication may be taken into consideration, to show that the act was
not premeditated, and if there has been some contrivance or inducement
to allure the party into drink, or any unfair advantage taken of his
intoxication, the Court will sometimes relieve. (But see Chitty on
Contracts, 16th ed. pp. 161–162.)
=* 220. Qui prior est tempore potior est jure.= _He who is first in
point of time is preferred in law._
(See _Brace_ v. _Duchess of Marlborough_, 2 P. Wms. 49 1, and _Marsh_ v.
_Lee_, 2 Wh. and Tud. L. C. Eq. 8th ed. p. 118.) Subject to the
provisions of the Conveyancing and Law of Property Act, 1881, a
mortgagee may recover in ejectment without giving notice to quit against
a tenant who claims under a lease from the mortgagor, granted after the
mortgage without the privity of the mortgagee. The rule stated in this
maxim applies as between finders of “treasure trove,” derelicts, and
such like. (See also _Keech_ v. _Hall_, 1 Sm. L. C. 11th ed. p. 511.)
Where several persons have interests in the same property, and equal
equities in every point except time, as in the case of a third mortgagee
who had no notice of a second mortgage when making his advance, here
both mortgagees have equal equities, but the second mortgagee, being
first in point of time, has the prior right. In this instance, however,
the third mortgagee could avail himself of the advantages of tacking.
(See Max. No. 288, and Snell, 16th ed. pp. 10, 262–3.)
=* 221. Qui sentit commodum sentire debet et onus.= _He who receives
the advantage ought also to suffer the burden._
Equity always acted on this principle when enforcing contribution
between co-sureties. (_Dering_ v. _Earl of Winchilsea_, 2 Wh. and Tud.
L. C. Eq. 8th ed. 539, and _Waugh_ v. _Carver_, 2 _Hen. Blackstone_,
235; _Cox_ v. _Hickman_, 1 Sm. L. C. 414.)
=222. Qui tacet sentire videtur.= _He who is silent appears to
consent._
(See Maxs. Nos. 35, 216, 217.)
=223. Qui vult decipi, decipiatur.= _Let him be deceived who wishes to
be deceived._
A person who has been guilty of such gross negligence as to court
deception will obtain no relief from the Court. (See Maxs. Nos. 47 and
61.)
=* 224. Quicquid plantatur solo solo cedit.= _Whatever is planted in
(or affixed to the soil) belongs to the soil._
This principle is stringently adhered to as between the heir-at-law and
the executor of a deceased person, and as between mortgagors and
mortgagees; but it has been very considerably relaxed in its application
to fixtures as between landlord and tenant. (See Chitty on Contracts,
16th ed. p. 415, and Maxs. Nos. 46 and 188.)
=* 225. Quicquid solvitur, solvitur secundum modum solventis, quicquid
recipitur, recipitur secundum modum recipientis.= _Whatever money is
paid, is paid according to the direction of the payer, whatever
money received, is received according to that of the recipient._
A debtor has, at the time of payment, the first right to direct the same
to be appropriated in liquidation of whatever debt due to his creditor
he chooses. If the debtor omit to do this, the creditor has the next
right of appropriation to what debt he chooses. If neither party makes
appropriation, the law makes it—generally to the earlier debt. (See Rule
in Clayton’s Case and Snell’s Eq. 16th ed. pp. 470–1.)
=226. Quisque suâ acte perito est credendum.= _Every one experienced
in his own calling is to be believed._
(See Max. No. 43.)
=* 227. Quod ab initio non valet, in tractu temporis non convalescit.=
_That which was void from its commencement, does not improve by
lapse of time._
Where any contract amounts to a constructive fraud, on account of its
being opposed to some positive law, or public policy, it is void and
incapable of ratification—it is different, however, when the contract is
voidable only.
=228. Quod fieri non debuit factum valet.= _That which ought not to be
done, is yet valid (sometimes) when done._
Money paid in pursuance of an illegal contract which has been performed
cannot, as a rule, be recovered back. (See also Max. No. 93.)
=229. Quod naturalis ratio inter homines constituit vocatur jus
gentium.= _That which by natural reason prevails among men is called
the law of nations._
International law is not grounded upon the caprice of any particular
nation, but depends entirely upon mutual compacts and treaties between
the various States. The construction also of such compacts is governed
by the law of nations, being the only one to which all communities are
equally amenable. Civil Law, as distinguished from International Law, is
thus defined: “_Jus civili, est quod quisque sibi populus constituit_.”
=230. Quod necessitas cogit, excusat.= _That which necessity compels,
she excuses._
A person is not held criminally responsible for actions which he is
forced to commit under threats of death or grievous bodily harm,
continuing during the whole time of the commission of such acts. This
non-liability, however, does not extend to cases where the death of an
innocent person results. (See _Reg._ v. _M‘Growther_, 18 St. Tr. 394,
and Maxs. Nos. 158 and 159.)
=231. Quod nullius est, est domini regis.= _What is the property of no
one, belongs to the king._
Land will go to the Crown on the decease of the last owner or person
actually seised intestate, and without heirs. So also do waifs (_bona
vacantia_), and unclaimed wreckage. (See Wills Act.)
=232. Quod per me non possum, nec per alium.= _That which one cannot
himself do, he cannot do by another._
No one can delegate a power which he himself does not possess. (See Max.
No. 161.)
=233. Quod populus postremum jussit, id jus ratum esto.= _That which a
people has last ordained shall be the established law._
(See Steph. Comm. I. p. 43, and Max. No. 137.)
=* 234. Quod turpi ex causâ promissum est, non valet.= _An immoral
(illegal or base) consideration will not support a promise_ (i.e.,
_a contract_).
So also one founded on an impossible or purely moral consideration.
(See Chitty on Contracts, 16th ed. p. 4, and Maxs. Nos. 80 and 82.)
=* 235. Quoties in verbis nulla est ambiguitas, ibi nulla expositio
contra verba fienda est.= _When there is no ambiguity in the
language of an instrument, no interpretation is to be made contrary
to the words._
It is a rule that parol evidence contrary to the express written
language itself is excluded, and the instrument itself is the only
criterion of the intention of the parties. Parol evidence may be
admissible to explain, but not to contradict or override, the express
written contents of an instrument.
(See Chitty on Contracts, 16th ed. p. 116.)
=236. Quoties idem sermo duas sententias exprimit ea potissimum
accipiatur, quae rei gerendae aptior est.= _When the same expression
carries two meanings, that shall be preferred which is the more
fitted to elucidate the subject-matter._
This is one of the numerous rules for the construction of legal
documents. (See Max. No. 26.)
=237. Res ipse loquitur.= _The thing speaks for itself (without
proof)._
Frequently quoted in actions for damages for negligence. (See Max. No.
69, and Chitty on Contracts, 16th ed. pp. 523–723.)
=238. Res inter alios acta alteri nocere non debet.= _A thing done
between two persons ought not to injure another._
(See _Duchess of Kingston’s Case_, 2 Sm. L. C. 731.)
=239. Res judicata pro veritate accipiatur.= _A point judicially
decided is taken to be correct._
This is conclusive so far as Courts of inferior jurisdiction are
concerned, until the judgment is reversed.
=* 240. Respondeat superior.= _Let the principal answer._
One authorising an unlawful act to be done by his servant, is himself
answerable. The maxim does not apply as against the Crown. See also Max.
No. 213. Also “Qui per alium facit per seipsum facere videtur.” Also the
case of _Thompson_ v. _Davenport_, 2 Sm. L. C. p. 379. Where at the time
of sale the vendor is aware that there is a principal, but does not know
who he is and debits the agent, he may nevertheless resort to the
principal when known.
=241. Rex debet esse sub lege, quia lex facit regem.= _The king ought
to be subservient to the law, for the law makes the king._
This is so in our realm at the present time, although many of our
earlier Sovereigns appeared to think otherwise, and acted accordingly.
=242. Rex in suo regno non habet parum.= _In his own kingdom the king
has no equal._
=243. Rex nunquam moritur.= _The king never dies._
The person only is changed, but the Sovereign always exists—_i.e._, the
Crown never falls vacant.
=244. Rex peccare non potest.= _The king can do no wrong._
=245. Salus populi est suprema lex.= _The public safety (welfare) is
the supreme law._
The prosperity of its people, and the proper maintenance of order and
security, as also the diffusion of domestic and social happiness, should
be the first and main object of every government.
=246. Scientia utrinque par pares contrahentes facit.= _Equal
knowledge on both sides makes the position of the contracting
parties the same._
In an insurance policy there are many things relating to the
subject-matter thereof as to which the insured can be innocently
silent—for instance, he need not mention any facts within the insurer’s
own knowledge; for an insurer cannot insist that a policy is void
because the insurer did not inform him that which he already knew.
=247. Scire debes cum quo contrabis.= _One should know with whom he
contracts._
This is self-evident, so that a person may know whom to sue and look to
for damages in case of a breach of the contract.
=248. Scribere est agere.= _To write is the same thing as to act._
A deed in writing is, at the present time, sufficient to effect the
transfer of property, without any actual livery of seisin.
=* 249. Seisina (non jus) facit stipitem.= _Seisin (not the law) makes
the root of descent._
This was formerly a most important maxim, but the doctrine is exploded
by the Inheritance Act, 3 & 4 Will. IV. c. 106, which enacts that
“Descent shall in all cases be traced from the last purchaser, whether
he may or may not have actually obtained possession.” The purchaser is
defined by the Act as being the last person who had a right to the land
who cannot be proved to have acquired the land by descent, or by certain
means which render the land part of, or descendible in the same manner
as other land acquired by descent (_e.g._, escheat, partition, or
enclosure). Under the old law no one could be such an ancestor as to
have descent traced from him, unless he had been in actual possession of
the land, or in receipt of the rents and profits prior to his death.
=250. Semper in dubiis benigniora praeferenda.= _In doubtful matters
the more liberal (constructions) are to be preferred._
(See Max. No. 26.)
=251. Semper in obscuris quod minimum est sequimur.= _In obscure
(constructions) the law follows that which is least obscure._
(_Williams_ v. _Crosling_, 3 C. B. 962, and Max. No. 26.)
=252. Semper praesumitur pro negante.= _Presumption is ever in favour
of the negative._
The “onus probandi” lies on the plaintiff (see Maxs. Nos. 24 and 69). It
is also to be remembered that every one is presumed in law to be
innocent until the contrary is proved.
=253. Si plura sint debita, vel plus legatum fuerit, ad quae catalla
defuncti non sufficiant, fiat ubique defalcatio, excepto regis
privilegio.= _If the debts or legacies of a deceased are greater
than the assets will satisfy, the same shall abate rateably, the
privilege of the Crown excepted._
If the assets of a deceased person are insufficient to pay the debts and
the legacies bequeathed by his will, all the general legacies abate
rateably. A specific legacy, as of a piece of plate, is not liable to
abatement, until the fund applicable for general legacies is exhausted;
but, on the other hand, it is liable to ademption—_i.e._, it may have
been otherwise disposed of by the testator in his lifetime. Debts in
every case form a first charge on the estate. (See Steph. Comm. II. p.
300.)
=* 254. Sic utere tuo ut alienum non laedas.= _So enjoy your own
rights as not to injure those of another._
Where the natural course of a stream is over the surface of lands
belonging to different proprietors, no proprietor above can diminish the
quantity or injure the quality of the water which descends; nor can a
proprietor below throw back the water without licences from the
proprietors above. _Aedificare in tuo proprio solo non licet quod alteri
noceat._
=255. Simplex commendatio non obligat.= _Mere recommendation will not
render a man liable._
Where a purchaser is satisfied without express warranty, a mere
representation of the quality by the seller will not entitle him to
recover, unless he can show the same to have been fraudulently made.
(See _Chandelor_ v. _Lopus_, 1 Sm. L. C. p. 54, and Max. No. 28.)
=256. Socius mei socii, socius meus non est.= _The partner of my
partner is not necessarily my partner._
=257. Statuta pro publico commodo late interpretantur.= _Statutes
passed for the public good should be construed literally._
=258. Sublata causâ, tollitur effectus.= _The cause being gone, the
effect also ceases._
This is a fact applicable alike to law as to physics.
=259. Summum jus, summa injuria.= _Where the law is most strictly
administered, it sometimes causes the greatest wrong._
It frequently happens that a plaintiff or defendant loses his case,
although morally in the right, on account of some technicality which has
not been observed.
=* 260. Suppressio veri suggestio est falsi.= _Withholding the truth
suggests falsehood._
(See also Max. No. 98.)
=261. Testamentum omne morte consummatur.= _Every will is perfected by
death._