Book Description

PREFACE TO FIRST EDITION: THE Author, from the commencement of his study of the law, and more especially during his course of reading for the intermediate and final examinations, became convinced of the very great advantage to be reaped from a knowledge of the leading Latin Maxims, now so frequently quoted in all legal works; those given hereafter will be found to comprise all that occur in the recognised examination text-books, having been collected from such works. It will be remembered that a maxim is a general principle and universally approved leading truth ; therefore, even the most elementary student cannot do better than store away in his memory some of the more important of these rules as a foundation for future study. At every law examination questions are to be found that bear directly on someone or other of the principles contained in these maxims, and they are often quoted, the student being required to translate and explain their meaning and application — they are, in fact, equally important with Leading Cases. Those maxims only have been selected which are constantly met with by the student, and which he would do well to commit to memory; leading cases are also referred to. The explanations have been made as brief as possible, and for deeper research the student is referred to Broom's Legal Maxims. * * * * PREFACE TO SECOND AND THIRD EDITIONS: AFTER a busy and practical experience of many years the writer can now in all earnestness — as during the days of studentship he did in all distrust and doubtfulness — emulate the writer of old who said — "Cognitio legis est copulata et complicata." Our greatest writers of more recent years have also recognised the intricate and ever-changing study of the Law. The late Lord Tennyson, in that most beautiful poem, " Aylmer's Field," tells us — "So Leolin went; and as we task ourselves To learn a language known but smatteringly In phrases here and there at random — toiled Mastering the lawless science of our law, That codeless myriad of precedent. That wilderness of single instances, Thro' which a few, by wit or fortune led. May beat a pathway out to wealth and fame." Those who wish to follow successfully the law as a profession must remain students to the last, and the leading truths and time-honoured legal principles, as defined by the maxims hereafter contained, will ever serve alike as safe landmarks, and sheet anchors, in times of doubt and uncertainty. Since the publication of the First Edition, the number of maxims (very properly defined as the condensed good sense of nations) has been considerably enlarged, but the student will find the more important ones prefixed by an asterisk, and these may with advantage be memorized.