98. Fraus est celare fraudem. He who conceals a fraud perpetrates one himself.
This illustrates the doctrine of constructive frauds. Where a man designedly produces a false impression on another, and the latter consequently commits some act, or enters into some contract, injurious to himself and his own interests, the former is guilty of fraud. (See Max. No. 260.)
99. Frustrâ fit per plura, quod fieri potest perpauciora. That is unnecessarily done by many (words), which is capable of being done by fewer.
That the force of this maxim has been appreciated by our legislature is shown and evidenced by most of the recent Acts of Parliament, and especially so by the Conveyancing and Law of Property Act, 1881, which has considerably curtailed the length of many legal documents. Accuracy and precision are ever to be commended in preference to verbosity. Short titles are now given to all important statutes.
100. Furiosus solo furore punitur. Let a madman be punished by his madness alone.
Thus, in general, idiots and lunatics are not liable on contracts, and bear a certain analogy to infants. (Chitty on Contracts, 16th ed. pp. 158–61.)
101. Generalis regula generaliter est intelligenda. A general rule must be generally understood.
102. Haereditas nunquam ascendit. Inheritance never ascends.
This rule was exploded by 3 & 4 Will. IV. c. 106, s. 6, by which, on failure of issue of the purchaser, the inheritance goes to the nearest lineal ancestor. Bracton and Lord Coke compared the descent of an inheritance to that of a falling body, which never went upwards in its course. “Descendit jus quasi ponderosum quid, cadens deorsum rectâ lineâ: et nunquam reascendit eâ viâ quâ descendit.” (See Max. No. 58.)
103. Haeres legitimus est quam nuptiae demonstrant. He is the legitimate heir whom marriage declares.