By the Bankruptcy Act, 1883, the Court may either refuse a bankrupt his discharge, or suspend its operation, on proof that he has brought on his bankruptcy by an unjustifiable extravagance in living. (See Max. No. 54.)
57. Dentur omnes decimae primariae ecclesiae ad quam parochia pertinet. All tithes must be paid to the Mother Church to which the parish belongs.
This was a law of King Edgar, prior to which every man paid his tithe to whatever church or parish he thought fit. (See Steph. Comm. 15th ed. Vol. I. p. 71.)
58. Descendit jus quasi ponderosum quid, cadens deorsum recta linea; et nunquam reascendit ea via qua descendit. The right of inheritance descends like a heavy body, falling in a straight line; and it never ascends by the same line that it came down.
This was one of the old laws of descent, under which the lineal ancestor himself was always excluded, although his issue, being the collateral heirs of the deceased, might inherit the latter’s land. Now, however, by the Inheritance Act, 1833, 3 & 4 Will. IV. c. 106, on failure of the issue of the purchaser, the inheritance descends to the nearest lineal ancestor in the preferable line, provided that no issue of a nearer deceased ancestor in that line exists. (See Steph. Comm. Vol. I. p. 257 et seq., and Max. No. 102.)
59. Deus solus haeredem facere potest, non homo. God alone is able to make an heir and not man.
(See Max. No. 165.)
60. Dies Dominicus non est juridicus. Sunday is not a day for judicial proceedings.
61. Dolosus versatur in generalibus. A deceiver deals in generalities—i.e., uses ambiguous terms.
One of the reasons for the decision in Twine’s Case, 1 Sm. L. C. 11th ed. p. 1, was “That the gift had the signs and marks of fraud, because it was general, without exception even of his apparel or anything of necessity, for it is commonly said ‘quod dolosus versatur in generalibus.’” (See Maxs. Nos. 31 and 63.)