MAXIMS (Fr. maxime, from MT.. maxima, maxim. abbreviation of maxima propositio, chief premise, fem. sg. of Lat. maxim us. greatest, superlative of magi, us. great), LEGAL. A term used by members of the legal profession and writers on to denote those brief and pithy utterances which by general consent have been accepted as stating in condensed though necessarily imperfect form the general principles which are the foundation of and equity. As the ultimate foundation of these general prin ciples is the natural law of justice. safety. and public policy, the basis of the common or cus tomary law is the same in all countries, and its general principles remain substantially un changed by statute or local ennetinent. Hence many of the utterances of ancient Roman magis trates and authors of legal treatises retain as ninth force and truth as when first promulgated.
In very few instances can the maxims be traced to their original sources. Many arc derived from the lboman law; many arc from Continental jurists of the Middle Ages; while a very large number were enunciated by early Englissli judges and writers, and still others are of quite modern origin. Like other expressions of the common law, maxims derive their force and authority in the first place through the truth and justice of the principles which they enunciate, and, sec ondly, through the universality of their accept ance and application by courts in the past. They are not, therefore. of absolutely equal and bind ing authority, and it is impossible to draw a line strictly dividing accepted maxims from mere expressions of opinion. The moldier of those universally accepted as having some authority in law is very large indeed. Works devoted en tirely to the consideration of the meaning and application of this ionic of law have been pub lished by several authors.
Examples arc: caveat emptor—let the buyer be on his guard—an important principle of the law of sales, but not to be construed too strictly; Qui tacit per facit per se—he who acts by another, acts himself—in which may be seen the main principle of the law of agency; sequitur hi/cm—equity follows the law; Ex nihil lit—from nothing comes nothing; Frans cst cf/are is—to conceal a fraud is itself a fraud: )'impossible nest tena—no one is bound to do what is impossible. the language
being what is called 'law French': L'bi jus. ibi rem! ilium—where there is a right there is a /unOrll ia teals neminrm e.rrusat—igna ranee of the law excuses no one: Prior lempore, pallor jure—first in time, first in right tain rsl, rtum reddi potest—tlint is 0.1'. lain which may be rendered so. Among those liononimly given in English may lie mentioned: Acts indicate the intention; When the equities are equal the law shall prevail; Once a fraud, always a fraud.
The difficulty in practically employing maxims is twofold; first, in correctly amplifying and ex pounding the extended sought to be conveyed in the condensed form; and, secondly, in properly applying it to the adjudication of the particular facts of the case in question: and it is the work more especially of the writer of treatises on the various branches of law and equity to perform the first duty, while to the active practitioners and to the judges emergencies are Oni,tautly presented calling for the exercise of the latter function. It may safely be said that legal Maxims play a much less important part in the law than formerly. Generally they have lost whatever character they may have pos sessed in early times as precise governing rules determining the rights of parties to a litiga tion. They are now regarded only as convenient forms of expression denoting important legal principles which have many variationsior modi fications, and consequently are not capable of any complete statement or exposition iv hid' at the same time has the convenience of brevity. Con sult Broom, Legal Maxims (8th ed., London, 188-0.