163. Nemo debet bis punari, pro uno delicto. No one should be twice punished for the same offence.
(See next Max.)
* 164. Nemo debet bis vexari pro unâ et eâdem causâ. No one ought to be tried twice (twice put to trouble) for one and the same cause.
It is a well-established principle of Criminal Law, that where a man is indicted for an offence and acquitted, he cannot afterwards be again indicted for the same offence, if he might have been convicted at the onset by proof of the facts contained in the second indictment. (See last Max.)
* 165. Nemo est haeres viventis. No man is heir of a living person.
There may be either an heir apparent, as the eldest son, or an heir presumptive, as an only daughter. The question of actual heirship arises only on the death of the owner. No inheritance can vest, and no one can be a complete heir until the ancestor is dead. (See Max. No. 59.)
* 166. Nemo plus juris in alium transferre potest quam ipse habet. No one can confer a better right to another than he has himself.
(But see Miller v. Race, 1 Sm. L. C. 11th ed. p. 463, and Max. No. 161.)
167. Nemo potest esse agens et patiens. No one can be alike an active and a passive party.
* 168. Nemo potest mutare consilium suum in alterius injuriam. No one can change his purpose (or advice) to the injury of another.