Parents’ power over their children is derived from their duty towards them, being given them, partly to enable them the more effectually to perform their duty, and partly as a recompense for their trouble in its discharge. (See Steph. Comm. II. Cap. III., also the recent Acts for the Prevention of Cruelty to Children.)
201. Pendente lite nihil innovetur. Whilst a lawsuit is pending nothing must be altered.
This principle or effect is limited to the rights of parties in that particular suit.
202. Pluris est occulatus testis usus quam auriti decem. One eye-witness is worth more than ten hearsay.
Hearsay or second-hand evidence is generally inadmissible except in certain cases, such as questions of custom or pedigree.
203. Possessio fratris (de feodo simplici) facit sororem esse haeredem. Possession by the brother of an estate in fee simple constitutes the sister heiress.
Applicable to the old law of inheritance, under which the half-blood were totally excluded from the succession, land descending to a sister of the whole blood of the person last seised, rather than to a brother of the half-blood. Now, however, by 3 & 4 Will. IV. c. 106, the half-blood are admitted. (See Steph. Comm. I. p. 274, also Maxs. Nos. 96 and 97.)
204. Potior est conditio possidentis. The condition of one in possession is the more preferable.
The old English adage, “Possession is nine-tenths of the law,” now very qualified in its truth and application, probably had its origin in this maxim. (See Max. No. 118.)
205. Praestat cautela quam medela. Caution is better than cure.