253. Si plura sint debita, vel plus legatum fuerit, ad quae catalla defuncti non sufficiant, fiat ubique defalcatio, excepto regis privilegio. If the debts or legacies of a deceased are greater than the assets will satisfy, the same shall abate rateably, the privilege of the Crown excepted.
If the assets of a deceased person are insufficient to pay the debts and the legacies bequeathed by his will, all the general legacies abate rateably. A specific legacy, as of a piece of plate, is not liable to abatement, until the fund applicable for general legacies is exhausted; but, on the other hand, it is liable to ademption—i.e., it may have been otherwise disposed of by the testator in his lifetime. Debts in every case form a first charge on the estate. (See Steph. Comm. II. p. 300.)
* 254. Sic utere tuo ut alienum non laedas. So enjoy your own rights as not to injure those of another.
Where the natural course of a stream is over the surface of lands belonging to different proprietors, no proprietor above can diminish the quantity or injure the quality of the water which descends; nor can a proprietor below throw back the water without licences from the proprietors above. Aedificare in tuo proprio solo non licet quod alteri noceat.
255. Simplex commendatio non obligat. Mere recommendation will not render a man liable.
Where a purchaser is satisfied without express warranty, a mere representation of the quality by the seller will not entitle him to recover, unless he can show the same to have been fraudulently made. (See Chandelor v. Lopus, 1 Sm. L. C. p. 54, and Max. No. 28.)
256. Socius mei socii, socius meus non est. The partner of my partner is not necessarily my partner.
257. Statuta pro publico commodo late interpretantur. Statutes passed for the public good should be construed literally.
258. Sublata causâ, tollitur effectus. The cause being gone, the effect also ceases.
This is a fact applicable alike to law as to physics.