Semper

Always.

A word which introduces several Latin maxims, of which some are also used without this prefix. Semper in dubiis benigniora praeferenda sunt. In doubtful matters, the more favorable constructions are always to be preferred. As a rule of construction, this rule is equivalent to the maxim, benignior sententia in verbis generalibus sen dubiis est preferenda, q. v. But a wider application is, that in all cases where doubt exists, whether concerning the meaning of a word, the intent with which an act was done, or the guilt or innocence of an accused, the most favorable construction which the words, acts, or circumstances will admit of is Semper paratus.

Always ready

The name of a plea in common-law practice, by which the defendant alleges that he has always been ready to perform what is demanded of him.

Semper praesumitur pro legitimatione

The presumption is always in favor of legitimacy. This maxim is founded on the rule that the law presumes against immorality. A child, born after wedlock, of which the mother was, even visibly, pregnant at the time of marriage, is presumed to be the offspring of the husband. So every child born during wedlock, where the married parties are of the age of puberty, and not physically disqualified for sexual intercourse, is presumed legitimate, even though the parties are living apart by mutual consent; but in the latter case, the presumption may be rebutted by proof of non-access on the part of the husband. But where the parties live apart by reason of a sentence pronounced by a court of competent jurisdiction, the presumption of legitimacy does not arise; in that case, obedience to the sentence will be presumed. This presumption of legitimacy may be rebutted by proof of non-access during the proper period of gestation, but not by slight evidence. Evidence of adultery on the part of the wife, without proof of nonaccess by the husband, will not suffice, as the law will not allow a balance of evidence as to who was most likely to be the father of the child. A seaman who had promised to man-y a woman, went to sea, and was gone longer than he expected. On his return, a formal marriage took place between the parties, pursuant to his promise; but a few days before his return the woman gave birth to a child, which was always treated by both parties as legitimate. The court presumed a marriage in fact before the departure of the father.

Starr v. Peck, 1 Hill (iV. r.), 270.

Semper preesumitur pro negante

The presumption is always in favor of the party denying. This is merely a statement of the rule that the burden of proof rests upon the party having the affirmative of the issue. ular branch of the legislature. In the United States congress, senators are elected, two from each state, by its legislature.