=262. Testes ponderantur, non numerantur.= _Witnesses are weighed
(considered at their proper worth), not numbered._
The evidence of one credible witness counts for more than that of any
number who cannot be relied upon.
=263. Testis nemo in suâ causâ esse potest.= _No one can be a witness
on his own behalf._
This rule applies to criminal charges, and its effect is continually
being modified by legislation. The opinion of those best qualified to
judge, differs whether or not all accused persons should not be
competent witnesses.
=264. Traditio loqui facit chartam.= _The delivery of a deed makes it
effectual._
The delivery of a deed is equally important with the signing and
sealing. Both the delivery and sealing are performed at the present day,
by placing the finger on the seal and repeating the words, “I deliver
this as my act and deed.” A delivery may be either absolute or
conditional. (See Steph. Comm. I. Cap. XVII., and Max. No. 124.)
=265. Ubi eadem ratio, ibi eadem lex; et de similibus idem est
judicium.= _Where there is the same reason, there is the same law;
and concerning things similar, the judgment is similar._
(See Max. No. 111.)
=* 266. Ubi jus ibi remedium.= _There is no wrong without a remedy,
or, Where there is a legal right there is a remedy._
An action will lie for an injury although no actual damage be sustained,
as in the case of _Ashby_ v. _White_ (temp. 2 Anne, 1704, 14 State
Trials, 695), where it was decided that an action lay against a
returning officer for refusing to admit the vote of a duly qualified
elector, although the persons for whom he tendered his votes were
elected. There may be a “_damnum absque injuriâ_” (loss without a
wrongful act) for which no action will lie. Thus no action will lie
against one’s neighbour, who builds on his own land a mill, whereby the
profits of one’s own mill (built on adjoining property) are diminished,
although in the case put considerable loss may result. This maxim formed
the root of all equitable decisions, and was the basis upon which the
Court of Chancery originally acted, when interfering with Courts of Law,
or in supplying remedies for those wrongs which the latter failed to
redress.
=267. Ubi nullum matrimonium, ibi nulla dos.= _Where there is no
marriage, there is no dower._
A woman, in order to be entitled to dower on the death of her husband,
must have been his actual wife at the time of his decease: there must
have been no dissolution of the marriage. The law as to dower is now
governed by 3 & 4 Will. IV. c. 105. (See Steph. Comm. I. p. 169.)
=268. Unum est tacere, aliud celare.= _To be silent or to conceal are
two different things._
A party to a contract is not bound to disclose latent defects, but he
must not fraudulently conceal, or the contract will be voidable. The
rule as to defects that are patent to all is otherwise.
=269. Unumquodque dissolvitur eodem modo quo colligatum est.= _Every
obligation can only be dissolved in the same manner as it was
created._
Thus a deed can only be revoked by deed, and not by a simple written
instrument. This, of course, subject to the ruling of Courts of
competent jurisdiction.
=270. Utile per inutile non vitiatur.= _That which is useful is not
vitiated by that which is useless._
Where the meaning of any document is clear, its effect is not marred or
upset by the insertion therein of superfluous and meaningless words.
=271. Valeat quantum valere potest.= _Let it stand as far as possible.
Let it pass for what it is worth._
(See Max. No. 211.)
=* 272. Verba chartarum fortius accipiuntur contra proferentem.=
_Words of deeds or grants are to be taken most strongly against the
grantor._
Thus, a rent of 10_s._ granted by tenants in common is several, and the
grantee will have 10_s._ from each: aliter if a rent of 10_s._ be
reserved. This principle does not apply to a grant by the Crown at the
suit of the grantee. Nor must such a rule of construction be followed
till all others fail, for the law supposes that a person will not use
language to his own detriment. (See Chitty on Contracts, 16th ed. p.
113, and Maxs. Nos. 18 and 207.)
=* 273. Verba debent intelligi cum effectu, ut res magis valeat quam
pereat.= _Words ought to be understood with effect, that a thing may
rather be preserved than destroyed._
(See _Roe_ v. _Tranmarr_, 2 Sm. L. C. 506.) This rule is closely allied
to _Benignae faciendae sunt interpretationes chartarum ut res magis
valeat quam pereat_. (The construction of deeds shall be made liberally
that the subject-matter may rather prevail than perish.) Construction
must in all cases be reasonable, liberal, and favourable. (See Chitty on
Contracts, 16th ed. p. 97, and Maxs. Nos. 26, 78, 145, and 275.)
=* 274. Verba generalia restringuntur ad habilitatem rei vel
aptitudinem personae.= _General words must be narrowed either to the
nature of the subject-matter or to the capability of the person._
Such words must be understood with reference to the estate which is in
the grantor at the time of the grant. Thus a bill of sale which
purported to assign to R. “all the household goods and furniture of
every kind and description in a certain house, and more particularly
mentioned and set forth in an inventory or schedule of even date
therewith,” was held to apply only to the goods specified in the
inventory which did not comprise all the goods in the house. In
construing a statute general words must not be extended unduly. (See
Chitty on Contracts, 16th ed. p. 102, and Max. No. 88.)
=* 275. Verba intentioni debent inservire.= _Words ought to be made
subservient to the intention_—i.e., _should be construed so as to
give effect to the intention_—“ut res magis valeat quam pereat.”
(_Roe_ v. _Tranmarr_, 2 Sm. L. C. 506.) The rule laid down in this maxim
is one of the first and most important in the construction of contracts,
so that they may be enforced according to the sense in which the parties
mutually intended. Words and expressions are to be understood in their
plain, ordinary, and popular sense, unless they may by custom of trade
or the like have acquired a peculiar or technical sense and meaning. The
“golden rule” as regards Acts of Parliament is that the words must be
construed in their plain and grammatical sense and as mentioned in the
preceding paragraph. (See Chitty on Contracts, 16th ed. p. 95, and Maxs.
Nos. 26, 39, 122, and 273.)
=276. Verba relata in esse videntur.= _Words referred to are deemed to
be incorporated._
Where a father infeoff his son, to have and to hold to him and his
heirs, and the son then infeoff his father, purporting to do so only _as
fully as his father infeoffed him_, by this, the father has a fee
simple. On this same principle, existing but unattested papers, or
documents, may be incorporated in a will, if referred to in such a way
as to render their identity indisputable.
=277. Veritas nominis tollit errorem demonstrationis.= _Correctness in
the name removes an error of demonstration._
In the construction of wills, this rule has frequently been acted on,
but it must be first shown that there is an error of demonstration;
until when the above maxim has, of course, no application. (See _Drake_
v. _Drake_, 8 House of Lords Cases, 172; also 2 Smith, L. C. p. 515.)
=278. Vetustas pro lege semper habetur.= _An old custom is ever
regarded as law._
=279. Via trita est tutissima.= _The beaten track is the safest._
This is a good and safe rule to follow, but has its “proving exceptions”
in the many originators, scientists, &c., of whom England is so justly
proud.
=280. Vicarius non habet vicarium.= _A locum tenens (i.e., substitute)
cannot appoint another in his stead._
(See Max. No. 55.)
=* 281. Victus victori in expensis condemnandus est.= _The loser must
defray the costs of a successful litigant._
By the Judicature Acts, in the case of a trial by jury, costs follow the
event, unless the judge shall, for good cause, order otherwise, but in
all other cases, they are in the discretion of the Court. (See Steph.
Comm. III. p. 561.)
=* 282. Vigilantibus et non dormientibus succurrunt jura= (or =æquitas
subvenit=). _Laws come to the help of the vigilant, not of the
sleepy_ (also written “_equity assists the vigilant,” &c._).
Before relieving a party from a contract on the ground of fraud, it must
be shown to the Court that he exercised a due degree of caution before
entering into such contract. The misrepresentation must be material, and
the party claiming relief have been misled by it. It is not essential
that the person making the false statement should know it to be such.
The Statutes of Limitations are founded on the principle that a dilatory
claimant deserves no assistance. (See Chitty on Contracts, 16th ed. p.
725, and Max. No. 127.)
=* 283. Volenti non fit injuria.= _No injury can be done to a willing
person._
If a person voluntarily consents to an injury, he must bear the loss. A
woman cannot herself support an action for seduction to which she is a
consenting party. Her parent or employer, however, may do so, and is
entitled to damages for loss of her service, the seduction in such case
being the cause, “_per quod servitiam amisit_.”
=284. Voluntas, est justa sententia de eo quod quis post mortem suam
fieri velit.= _A will is an exact opinion or determination
concerning that which each one wishes to be done after his death._
=285. Voluntas in delictis, non exitus spectantur.= _In criminal cases
the intention and not the result is regarded._
(See Maxs. Nos. 9 and 116.)
=286. Vox emissa volat, litera scripta manet.= _Word of mouth flies
away, things written remain._
The effect of a written contract cannot be varied in its terms by parol
evidence. (See Max. No. 143.)
=* 287. Where one of two innocent parties must suffer by the fraud of
another, he who has enabled the fraud to be committed must be the
sufferer.=
Thus, if A. on the strength of a representation by B., which is false,
signs a receipt, and C., on the faith of the receipt, completes a
purchase—here A. must suffer, and not C. (See _French_ v. _Hope_, 56 L.
J. Ch. 363.)
=* 288. Where there is equal equity the law must prevail.= _That is,
who is first in point of time._
(See Max. No. 220.)