In difficult cases judgment is frequently reserved.
51. De fide et officio juridicis non recipitur quaestio, sed de scientia sive sit error juris sive facti. The decision of a judge may be impugned only for error either in law or of fact, but his honesty of purpose or office cannot be questioned.
* 52. De minimis non curat lex. The law cares not about mere trifles.
Where the ocean gradually recedes, or washes up sand and earth, and thus in time forms terra firma, the land so resulting belongs to the owner of that immediately behind and adjoining; if, however, the dereliction or alluvion be sudden, the land thus formed belongs to the Crown. (See Westbury-on-Severn Rural Sanitary Authority v. Meredith, 30 Ch. Div. 387.)
53. Debita sequuntur personam debitoris. Debts follow the debtor’s person.
* 54. Debitor non praesumitur donare. A debtor is not presumed to give.
This maxim has reference to the law of satisfaction. Where a debtor bequeaths to his creditor a sum of money equal to, or exceeding the amount of his debt, it is presumed, in the absence of any contrary intention, that such legacy was meant and given by the testator as a satisfaction of the debt. (See Talbot v. Shrewsbury, 2 Wh. & Tu. 8th ed. p. 378.) This presumption of satisfaction, however, does not arise where the debt was not contracted until after the will was made, or where it was secured by a Bill of Exchange or other negotiable instrument, or where the legacy was contingent, not payable immediately on testator’s death, or of a specific chattel. (See Snell’s Equity, 16th ed. p. 184; also Max. No. 56.)
* 55. Delegatus non potest delegare. An agent cannot delegate his authority.
A principal (except by his own assent) is not bound by the acts or contracts of subagents unless they be of necessity, or in accordance with the usual custom of trade. Delegata potestas non potest delegari. (See Chitty on Contracts, 16th ed. p. 278; and Maxs. Nos. 194, 208, and 280.)
56. Delicatus debitor est odiosus in lege. An extravagant debtor is contemned in the eye of the law.