CONTENTS

CHAPTER I
RULES FOUNDED ON PUBLIC POLICY
Salus populi est suprema lex Necessitas inducit privilegium quoad jura privata Summa ratio est quae pro religione facit Dies Dominincus non est juridicus Regard for the public welfare is the highest law. Necessity gives a privilege as to private rights. The best rule is that which advances religion Sunday is not a day for judicial or legal proceedings. 1 8 11 13

CHAPTER II
MAXIMS RELATING TO THE CROWN
Rex non debet esse sub homine, sed sub deo et sub lege, quia lex facit regiem Rex nunquam moritur Rex non potest peccare Non potest Rex gratiam facere cum injuria et damno aliorum Nullum tempus occurrit Regi Quando jus Domini Regis et subditi concurrunt, jus Regis praeferri debet Roy nest lie per ascun statute, is il ne soit expressement nosme Nemo patriam in qua natus est exuere nec ligeantiae debitum ejurare posit The king is under no man, yet he is under Gold and the law, for the law makes the king. The king never dies The king can do no wrong. The king cannot confer a favour on tone subject to the injury and damage of others. Lapse of time does not bar the right of the Crown. Where the title of the king and the title of a subject concur, the kings title must be preferred (x) The king is not bound by any statute, if he be not expressly named to be so bound (t) A man cannot adjure his native country nor the allegiance which he owes to his sovereign. 17 19 21 31 32 35 38 40

CHAPTER III
SECT. I.- THE JUDICIAL OFFICE
Boni judicis est ampliare jurisdictionem Deponent fide et officio judicis non recipitur quaestio, sed do scientia sive sit error juris sive facti Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse, quia parere necesse est Ad quaestionem facti non respondent judices: ad quaestionem legis non respondent juratores In praesentia majoris eessat potential minoris It is the duty of a judge to extend this jurisdiction. The honesty and integrity of a judge cannot be questioned, but his decision may be impugned for error either of law or of fact. A person who does an act by command of a judge is not considered to act from a wrongful motive, because it is his duty to obey (x). It is the office of the judge to instruct the jury in points of law of the jury to decide on matters of fact (c). In presence of the greater the power of the inferior ceases (f) 44 48 52 57 64

SECT. II. THE MODE OF ADMINISTERING JUSTICE

Audi alteram partem Nemo debet esse judex in propria sua cause Actus curise neminem gravabit Actus legis nemini est damnosus Executio juris non habet injuriam In fictione juris simper acquitas existit Cursus curia nest lex curian Consensus follit errorem Communis error facit jus Deponent minimis non curat lex Omnis innovation plus novitiate perturbat quarnutilitate prodest No man shall be condemmed unheard No man can be judge in his own cause. An act of the Court shall prejudice no man. An act in law shall prejudice no man (o) Legal process, if regular, does not afford a cause of action. Equity is the life of a legal fiction (l) The practice of the Court is the law of the Court (k) The acquiescence of a party who might take advantage of an error obviates its effect. Common error sometimes passes current as law. The law does not concern itself about trifles. Every innovation occasions more harm by its novelty, than benefit by its utility. 65 68 73 75 76 78 82 83 86 88 90

CHAPTER - IV
RULES OF LOGIC
Ubi cadem ratio ibi idem jus Cessante ratione legis cessat ipsa lex De non apparentibus et non existentibus eadem est ratio Non potest aduuci exception ejusdem rei cujus petitur dissolution Allegans contraria non est autiendus Like reason doth make like law (b) Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself (e) That which does not appear will not be presumed to exist (q) A matter, the validity of which is at issue in legal proceedings, cannot be set up as a bar thereto. He is not to be heard who alleges things contradictory to each other. 94 97 99 101 103

Omne majus continent in se minus Quo dab initio non valet in tractu temporis non convalescit

The greater contains the less (h) That which was originally void, does not by lapse of time become valid

110 113

CHAPTER - V
FUNDAMENTAL LEGAL PRINCIPLES
Ubi jus ibi remedium Quod remedio destituitur ipsa re valet si culpa absit In jure non remota causa sed proxima spectator Actus Dei nemini facit injuriam Lex non cogit ad impossibilia Ignorantia facti excusat, - ignorantia juris nonexcusat Violenti non fit injuria Nullus commodum capere potest deponent injuria sua propria Acta exteriora indicant interiora secreta Res ipsa loquitur Actus non facit reum nisi mens sit rea Nemo debet bis vexari pro una et eadem causa There is no wrong without a remedy (b) That which is without remedy avails of itself, if there be no fault in the party seeking to enforce it. In law the immediate, not the remote, cause of any event is regarded. The law holds no man responsible for the act of God. The law does not compel a man to do that which he cannot possibly perform. Ignorance of fact excuses ignorance of the law does to excuse (o) Damage suffered by consent is not a cause of action (o) No man can take advantage of his own wrong. Acts indicate the intention. The thing speaks for itself (k) The intent and the act must both concur to constitute the crime (Fowler v. Padget, 7 T. R. 509, at p. 514, per Lord Kenyon, C.J. It is a rule of law that a man shall not be twice vexed for one and the same cause (r) 118 136 138 151 162 169 181 191 200 204 207 217

CHAPTER - VI
ACQUISITION, ENJOYMENT, AND TRANSFER OF PROPERTY SECT. I. THE MODE OF ACQUIRING PROPERTY Qui prior est tempore potior est jure
He has the better title who was first in point of time. 227

SECT. II. PROPERTY ITS RIGHTS AND LIABILITIES Sic utere tuo ut alienum non laedas Cujus est solum ejus est usque and cooelum Quiequid plantatur solo solo cedit Demus sua euique est tutissimum refugium Alienatio rei praefertur juri aceroscendi Cujus est dare ejus est disponere Assignatus utitur jure auctoris Cuicunque aliquis quid concedit concedere vidotur et id sine quo respondent ipsa esse non potuit Accessorium non ducit sed sequitur suum principale Licet disposition deponent interosso futuro sit inutilis tamem flori potest declaration praceedens quao sortiatur effectum interveniento nove actu Enjoy your own property in such a manner as not to injure that of another person (z). He who possesses land possesses also that which is above it (d) Whatever is affixed to the soil belongs thereto. Every mans house is his castle (u). Alienation is favoured by the law rather than accumulation. The bestower of a gift has a right to regulate its disposal (n) An assignee is clothed with the rights of his principal (f) Whoever grants a thing is deemed also to grant that without which the grant itself would be of no effect. The incident shall pass by the grant of the principal, but not the principal by the grant of the incident (m) Although the grant of a future interest is inoperative, yet it may become a declaration precedent, taking effect upon the interrention of some new act. 238 257 262 281 288 299 302 309 317 322

CHAPTER - VII
RULES RELATING TO MARRIAGE AND DESCENT.
Consensus, non concubitus, facit matrimonium Haeres legitimus est quem nuptie demonstrant Nemo est herres viventis Haereditas nunquam ascondit Persona conjucta acquiparatur interesse proprio It is the consent of the partices, not their cohabitation, which constitutes a valid marriage. The common law takes him only to be a son whom the marriage proves to be so (u) No one can be heir during the life of his ancestor. The right of inheritance never lineally ascends. The interest of a connection is sometimes regarded in law as that of the individual himself. 326 334 337 339 343

CHAPTER - VIII
THE INTERPRETATION OF STATUTES AND WRITTEN INSTRUMENTS
Leges posteriors priores contrarias abrogant Nova constitution futuris formam imponere debet, non praeteritis Ad ea quae frequentius accident jura adaptantur Benignae faciendae sunt interpretations propter simplicitatem laicorum ut respondent magis valeat quaum pareat; et verba intentioni, non e contra,debent inservire Argumentum ab inconvenienti plurimum valet in lege Ex antecedentibus et consequentibus fit optima interpretation Noscitur a sociis Verba chartarum fortius accipiuntur contra proferentem Ambiguitas verborum lateens verificatione suppletur; nam quod ex facto oritur ambiguum verificatione facti tollitur Quoties in verbis nulla est ambiguitas, ibi nulla exposition contra verba fienda est Certum est quod certum reddi potest Utile per inutile non vitiatur Falsa demonstration non nocet cum deponent corpore constat Verba generalia restringuntur ad habitlitatem rei vel personae Expressio unius est exelusio alterius Expressio eorum quae tacite insunt nihil operator Verba relata hoc maxima operantur per referentiam ut in eis inesse videntur Ad proximum anteceedens fiat relation, nisi impediatur sentential Contemporanea exposition ost optima et fortissimo in logo Qui haerec in litera haeret in cortice Later laws repeal earlier laws inconsistent therewith (b) goes to prove that law in organic, all leaves have to pure way for the old one. A new law ought to be prospective, not retrospective, in its operations. The laws are adapted to those cases which more frequently occur. A liberal construction should be put upon written instruments, so as to uphold them, if possible, and carry into effect the intention of the parties. An argument drawn from inconvenience is forcible in law (q). A passage is best interpreted by reference to what precedes and what follows it. The meaning of a doubtful word may be ascertained by reference to the meaning of words associated with it (i). The words of an instrument shall be taken most strongly against he party employing them. Latent ambiguity may be explained by evidence; for an ambiguity which arises by proof of an extrinsic fact may be removed in like manner. In the absence of ambiguity, no exposition shall be made which is opposed to the express words of the instrument. That is sufficiently certain which can be made certain. Surplusage does not vitiate that which in other respects is good and valid. Mere false description does not ritiate, if there be sufficient certainty as to the object. General words may be aptly restrained according to the matter or person to which they relate (c). The express mention of one thing implies the exclusion of another. The expression of what is tacitly implied is inoperative. Words to which reference is made in an instrument have the same operation as if they were inserted in the clause referring to them (d). Relative words refer to the next antecedent, unless by such construction the meaning of the sentence would be impaired. The best and surest mode of construing an instrument is to read it in the sense which would have been applied when it was drawn up (q). He who considers merely the letter of an instrument goes but skin-deep into its meaning. 347 352 358 361 387 389 396 402 411 419 422 425 426 438 443 454 456 461 463 466

CHAPTER IX
THE LAW OF CONTRACTS Modus et convention vincunt legem Quilibet potest renunciare juri pro se introducto Qui sentit commodum sentire debet et onus In acquali jure melior est condition possidentis Ex dolo malo non oritur actio Ex nudo pacto non oritur action Caveat emptor Quicquid solvitur, solvitur secundum modum solventis: quiequid recipitur secundum modum recipientis The form of agreement and the convention of parties overrule the law. Any one may, at his pleasure, renounce the benefit of a stipulating or other right introduced entirely in his own favour (b) He who derives the advantage ought to sustain the burthen. Where the right is equal, the claim of the party in actual possession shall prevail. A right of action cannot arise out of fraud. No cause of action arises from a hare promise. Lt a purchaser beware. Money paid is to be applied according to the intention of the party paying it; and money received, according to that of the recipient. 470 477 482 486 497 509 528 553

Qui per alium facit per seipsum facere videtur Respondeat superior Omnis rathihabitio retrotrahitur et mandato priori acquiparatur Nihil tam conveniens est naturali acquitati quam unumquodque dissolve eo ligamine quo ligatum est Vigilantibus, non dormientibus, jura subveniunt Actio personalis moritur cum persons.

He who does ac act through another is deemed in law to do it himself. Let the principal be held responsible. A subsequent ratification has a retrospective effect, and is equivalent to a prior command. Nothing is so consonant to natural equity as that every contract should be dissolved by the means which rendered it binding. The laws assist those who are vigilant, no those who sleep over their rights (d). A personal right of action dies with the person (b)

558 573 586 592 599 606

CHAPTER X
MAXIMS APPLICABLE TO THE LAW OF EVIDENCE Optimus interpres rerum usus Cuilibet in sua arte perito est credendum Omnia praesumuntur contra spoliatorem Omnia praesumuntur rite et solenniter esse acta Res inter alios acta alteri nocere non debet Nemo tenstur seipsum accusare Usage is the best interpreter of things. Credence should be given tone skilled in his peculiar profession. Every presumption is made against a wrong-doer. All acts are presumed to have been done rightly and regularly. A transaction between two parties ought not to operate to the disadvantage of a third (b). No man can be compelled to criminate himself (m). 623 633 637 640 648 660