190. Omnia praesumuntur contra spoliatorem. Every presumption is made against a wrongdoer.
See the third point of decision in Armory v. Delamirie, 1 Sm. L. C. 11th ed. p. 356, where it was decided that if a person withhold evidence in his possession, every presumption shall be adopted to his disadvantage, that is, such evidence shall be taken as adverse to his interest.
* 191. Omnia praesumuntur rite et solenniter esse acta, donec probetur in contrarium. All things are presumed to have been rightly and properly performed, until the contrary is proved.
Where there is a proper attestation clause to a will which appears on the face of it to be duly executed, the Court assumes that the Wills Act has been complied with, even although the witnesses may forget the circumstances. (See Vinnicombe v. Butler, 34 L. J. (P. & M.) 18.)
192. Omnis coactio a legato abesse debet. Every suit against an ambassador should fail.
It has now been decided that an ambassador is entitled to absolute exemption from suits in the Courts of the country to which he is sent. (See The Magdalene Steam Navigation Co. v. Martin, 2 El. & El. 94, 28 L. J. Q. B. 310.)
193. Omnis innovatio plus novitate perturbat quam utilitate prodest. Every innovation occasions more harm by its novelty than benefit by its utility.
The principle here laid down applies rather to the immediate, than to the ultimate and permanent effects. (See Ashby v. White, 1 Smith, L. C. 11th ed. p. 240, and Chitty on Contracts, 16th ed. p. 900.)
* 194. Omnis ratihabitio retrotrahitur et mandato priori aequiparatur. Every ratification has a retrospective effect and is equivalent to a previous authority or contract.
Where a person acts as agent for another, and professes (without authority) to contract for him, a subsequent assent by the principal is equivalent to a previous authority. (See Chitty on Contracts, 16th ed. pp. 21 and 279, also Maxs. Nos. 55 and 208.)