statute--of "common employment" in the law of employers' liability;
see _Smith_ v. _Baker_, 1891, A.C. 325. Other maxims deal with rights
of property--_Qui prior est tempore, potior est jure_ (Co. _Litt._ 14
a), which consecrates the position of the _beati possidentes_ alike in
municipal and in international law; _Sic utere tuo ut alienum non
laedas_ (9 Co. _Rep._ 59), which has played its part in the
determination of the rights of adjacent owners; and _Domus sua cuique
est tutissimum refugium_ (5 Co. _Rep._ 92)--"a man's house is his
castle," a doctrine which has imposed limitations on the rights of
execution creditors (see EXECUTION). In the laws of family relations
there are the maxims _Consensus non concubitus facit matrimonium_ (Co.
_Litt._ 33 a)--the canon law of Europe prior to the council of Trent,
and still law in Scotland, though modified by legislation in England;
and _Pater is est quem nuptiae demonstrant_ (see Co. _Litt._ 7 b), on
which, in most civilized countries, the presumption of legitimacy
depends. In the interpretation of written instruments, the maxim
_Noscitur a sociis_ (3 _Term Reports_, 87), which proclaims the
importance of the context, still applies. So do the rules _Expressio
unius est exclusio alterius_ (Co. _Litt._ 210 a), and _Contemporanea
expositio est optima et fortissima in lege_ (2 Co. _Inst._ 11), which
lets in evidence of contemporaneous user as an aid to the
interpretation of statutes or documents; see _Van Diemen's Land Co._
v. _Table Cape Marine Board_, 1906, A.C. 92, 98. We may conclude this
sketch with a miscellaneous summary: _Caveat emptor_ (Hob. 99)--"let
the purchaser beware"; _Qui facit per alium facile per se_, which
affirms the principal's liability for the acts of his agent;
_Ignorantia juris neminem excusat_, on which rests the ordinary
citizen's obligation to know the law; and _Vigilantibus non
dormientibus jura subveniunt_ (2 Co. _Inst._ 690), one of the maxims
in accordance with which courts of equity administer relief. Among
other "maxims of equity" come the rules that "he that seeks equity
must do equity," i.e. must act fairly, and that "equity looks upon
that as done which ought to be done"--a principle from which the
"conversion" into money of land directed to be sold, and of money
directed to be invested in the purchase of land, is derived.
Public-domain text, read in full here on John Shaqi.
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