This is a good and safe rule to follow, but has its “proving exceptions” in the many originators, scientists, &c., of whom England is so justly proud.
280. Vicarius non habet vicarium. A locum tenens (i.e., substitute) cannot appoint another in his stead.
(See Max. No. 55.)
* 281. Victus victori in expensis condemnandus est. The loser must defray the costs of a successful litigant.
By the Judicature Acts, in the case of a trial by jury, costs follow the event, unless the judge shall, for good cause, order otherwise, but in all other cases, they are in the discretion of the Court. (See Steph. Comm. III. p. 561.)
* 282. Vigilantibus et non dormientibus succurrunt jura (or æquitas subvenit). Laws come to the help of the vigilant, not of the sleepy (also written “equity assists the vigilant,” &c.).
Before relieving a party from a contract on the ground of fraud, it must be shown to the Court that he exercised a due degree of caution before entering into such contract. The misrepresentation must be material, and the party claiming relief have been misled by it. It is not essential that the person making the false statement should know it to be such. The Statutes of Limitations are founded on the principle that a dilatory claimant deserves no assistance. (See Chitty on Contracts, 16th ed. p. 725, and Max. No. 127.)
* 283. Volenti non fit injuria. No injury can be done to a willing person.
If a person voluntarily consents to an injury, he must bear the loss. A woman cannot herself support an action for seduction to which she is a consenting party. Her parent or employer, however, may do so, and is entitled to damages for loss of her service, the seduction in such case being the cause, “per quod servitiam amisit.”
284. Voluntas, est justa sententia de eo quod quis post mortem suam fieri velit. A will is an exact opinion or determination concerning that which each one wishes to be done after his death.