It is the general opinion that judges not only ought not to be compelled to explain, but also that they should not do so voluntarily. Recent years have witnessed a few instances in which an explanation has been vouchsafed; but it has been almost universally disapproved of by members of the legal profession.
130. Judicis est judicare secundum allegata et probata. It is the duty of a judge to decide according to facts alleged and proved.
In every action a litigant should be prepared to adduce proof of all facts upon which his case depends.
131. Judicis est jus dicere non dare. It is for the judge to administer, not to make the law.
Unwilling magistrates frequently shield themselves behind this, at times, very convenient rule.
132. Jura publica anteferenda privatis. Public rights are to be preferred to private ones.
133. Juris praecepta sunt haec: honeste vivere, alterum non laedere, suum cuique tribuere. The maxims (or requirements) of the law are: To live honourably. To injure no one. To render to every one his due.
* 134. Jus accrescendi inter mercatores locum non habet, pro beneficio commercii. The right of survivorship has no existence among merchants, for the encouragement of trade.
* 135. Jus accrescendi praefertur oneribus ac ultimae voluntati. The right of survivorship is preferred to encumbrances and to the last will.
This has reference to, and forms one of, the principal rules affecting joint tenancies. Dower and courtesy do not apply to joint estates.