212. Qui ex damnato coitu nascuntur inter liberos non computantur. Those born from an unlawful intercourse are not to be deemed among the lawful children.
Bastards are incapable under our law of being heirs, and are held to be “nullius filii.” By the civil law they could inherit being legitimated by the lawful marriage of their fathers and mothers.
* 213. Qui facit per alium facit per se. He who acts through another acts through himself.
A contract made by an agent is looked upon in law as the contract of the principal, so agents need not be “sui juris,” and infants, married women, and others are competent to act as such. The agent must, however, act within the scope of his authority. In Scott v. Shepherd, 2 Black. 892, an action was held to lie against the person who originally threw a squib which, after being knocked about by other persons in self-defence, ultimately hit and put out the plaintiff’s eye. (See Chitty on Contracts, 16th ed. pp. 262–7, and Max. No. 240.)
214. Qui haeret in litera haeret in cortice. He who considers only the mere wording of a document goes but skin deep into its meaning.
(See Maxs. Nos. 26, 78, 177, and 273.)
215. Qui minimum probat nihil probat. He proves nothing who proves too much.
216. Qui non improbat, approbat. He who does not blame, approves.
(See next Max.)
* 217. Qui non prohibet id quod prohibere potest, assentire videtur. He who does not forbid what he is able to prevent, appears to assent.