CONTENTS. The volumes to which a (*) is attached have been reprinted with American notes, by T. & J. W. Leges posteriores priores contrarias abrogant, Nova constitutio, futuris formam imponere debet, non præteritis, Quando jus Domini Regis et subditi concurrunt, jus Regis preferri debet, Roy n'est lié per ascun statute, si il ne soit expressement nosmé, Nemo patriam in quâ natus est exuere nec ligeantiæ debitum ejurare potest, 52 Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse, quia parere Ad quæstionem facit non respondent judices, ad questionem legis non re- Nullus commodum capere potest de injuriâ suâ propriâ, Acta exteriora indicant interiora secreta, Actus non facit reum nisi mens sit rea, Nemo debet bis vexari pro unâ et eâdem causâ, Possessio fratris de feodo simplici facit sororem esse hæredem, Persona conjuncta æquiparatur interesse proprio, Ambiguitas verborum latens verificatione suppletur; nam quod ex facto oritur ALPHABETICAL LIST OF LEGAL MAXIMS. Throughout this List, Wingate's Maxims are indicated by the letter (W.) Lofft's Reports (Ed. 1790), to which is appended a very copious Collection of Maxims, are signified by the letter (L.) The Grounds and Rudiments of Law (Ed. 1751), by the letter (G.); and Halkerston's Maxims (Ed. 1823), by the letter (H.); the reference in the last instance only being to the number of the Page, in the others to that of the Maxim. Of the above Collections, as also of those by Noy (9th ed.), and Branch (5th ed.), I have, in preparing the following List, freely availed myself. I have also inserted some few Maxims from the Civil Law, the Digest being referred to by the letter (D.), as in the body of the work. The figures at the end of the line without the Parenthesis denote the pages of this Treatise where the maxim is commented upon or cited. With reference to this maxim, an adequate notice of which could not be comprised within the limits of a work professing to be of an elementary character, we may observe generally, that the jurisdiction of a particular tribunal is founded, either in respect of the domicile of the defendant being within the territory-ratione domicilii; or in respect of his being possessed of property there situate-ratione rei sitæ. 3 Burge, Col. L. 1016. For information respecting the above maxim, reference should also be made to Mr. Justice Story's valuable Treatise on the Conflict of Laws. The law, observes Lord Bacon, makes this difference, that, if the parties have put it in the power of a third person, or of a contingency, to give a perfection to their act, then they have put it out of their own reach and liberty to revoke it; but where the completion of their act or contract depends upon the mutual consent of the original parties only, it may be rescinded by express agreement. So, in judicial acts, the rule of the civil law holds, sententia interlocutoria revocari potest, that is, an order may be revoked, but a judgment cannot. Bac. M. reg. 20. See Story on Agency, 424, for illustrations of the above maxim. |