228. Quod fieri non debuit factum valet. That which ought not to be done, is yet valid (sometimes) when done.
Money paid in pursuance of an illegal contract which has been performed cannot, as a rule, be recovered back. (See also Max. No. 93.)
229. Quod naturalis ratio inter homines constituit vocatur jus gentium. That which by natural reason prevails among men is called the law of nations.
International law is not grounded upon the caprice of any particular nation, but depends entirely upon mutual compacts and treaties between the various States. The construction also of such compacts is governed by the law of nations, being the only one to which all communities are equally amenable. Civil Law, as distinguished from International Law, is thus defined: “Jus civili, est quod quisque sibi populus constituit.”
230. Quod necessitas cogit, excusat. That which necessity compels, she excuses.
A person is not held criminally responsible for actions which he is forced to commit under threats of death or grievous bodily harm, continuing during the whole time of the commission of such acts. This non-liability, however, does not extend to cases where the death of an innocent person results. (See Reg. v. M‘Growther, 18 St. Tr. 394, and Maxs. Nos. 158 and 159.)
231. Quod nullius est, est domini regis. What is the property of no one, belongs to the king.
Land will go to the Crown on the decease of the last owner or person actually seised intestate, and without heirs. So also do waifs (bona vacantia), and unclaimed wreckage. (See Wills Act.)
232. Quod per me non possum, nec per alium. That which one cannot himself do, he cannot do by another.
No one can delegate a power which he himself does not possess. (See Max. No. 161.)