195. Omnium contributione sarciatur quod per omnibus datum est. That which is given for all should be contributed by all.
This maxim is the essence of the law as to general average, under which, where goods have been thrown overboard for the safety of a ship, that being the only alternative, contribution to the loss is made proportionately by the owners of the ship and all who have goods on board. (See Steph. Comm. II. Cap. V. Sec. X.)
* 196. Once a mortgage always a mortgage. Where a document is once satisfactorily established as a mortgage, a mortgage it always will remain.
This was not formerly so at Common Law, but now, since the Judicature Act, 1873, the rule of equity prevails. (See Snell’s Eq. 16th ed. p. 238, and Max. No. 74.)
197. Optimus legis interpres est consuetudo. Custom is the best interpreter of law.
(See also Maxs. Nos. 37 and 153.)
198. Pacta privata juri publico derogare non possunt. Private contracts cannot repeal the public right—i.e., cannot adversely affect a public right.
* 199. Partus sequitur ventrem. The offspring follows the womb.
This maxim illustrates the doctrine of property arising from accession, and is grounded on the right of occupancy. It has been held in the case of all tame and domestic animals, that the offspring belong to the owner of the mother, although in the case of human beings it is otherwise, except as to bastards. (See Steph. Comm. II. p. 21.)
200. Patria potestas in pietate debet, non in atrocitate, consistere. A father’s power ought to be based on affection and not on cruelty.