Tutor

A species of guardian, in the Roman and Scotch systems of law; also in Louisiana. u. TTbi cessat remedium ordinarium, ibi decurritur ad eztraordinarium. Where a common remedy ceases, there recourse must be had to an extraordinary one. ITbi culpa est, ibi poena subesse debet. Where there is culpability,, there punishment ought to be submitted to. TTbi damna dantur, victus victor! in expensis condemnari debet. Where damages are given, the losing party should be condemned in costs to the victor. TTbi eadem ratio, eadem, jus. Where the reason is the same, the law is the same. Where the reason of a rule established in one case is found to be applicable, to another case, the same rule will be established in the latter.

Broom Max

For the; conyerse proposir TTbi factum nullum, ibi fortia nulla. Where there is no principal fact, there can be no accessory. See Burrill. Ubi jus, ibi re'medium. Where there is a right, there is a remedy. The law gives a remedy for the enforcement of every right. It is a vain thing to itnagine a right withoiit a i'einedy, for ■want of right and want of remedy are reciprocal. The law will provide a suitable remedy where hone before existed; as in the instance of the o!rigin of the form of action called an action oh the case.

Broom Max. 192.

The novelty Of the cause of action is no objection, J)fovided an injm-y cognizable by law be sho*n, in which case, although there be ho precedent, the common law will judge according to the law of nature and the public good. Id. TTbi I6x est specialis, et iratio ejus generalis, generaliter A'ctiipienda est. Where the law is special, and the reason of it general, it ought to be taken as being general. Ubi lex non distinguit, nee Uos distinguere deb'emus. Where the law distinguishes not, we ought not to distinguish. Ubi major pars est, ibi totum. Where the greater part is, thei'e the whole is. Ubi non est annua renovatlo, ibi decimse non debeht soivi. Where there is no annual renovation, therfe tithes should not be paid. Ubi non est cogehdi auctoritas, ibi non est parehdi necessitas. Where there is no authority for compelling, there is no necessity of obeying. Ubi non est directa lez, staudiim est arbitrlo judicis, vel procedendum ad similia. Where there is no direct law, it (the question awaiting decision) rests in the discretion of the judge, or should follow precedents. Ubi non est lez ibi non est transgressio, quoad mundiim. Where there is no law there is no trahsgfessioh, as towards society. Ubi non est principalis, non potest esse accessorius. Where there is no principal, there cannot be ah accessory. is no dower. Marriage is essential to create a right of dower. Ubi quid generaliter cohceditur, inest haec ezceptio, si non aliquid sit contra juB fasque. Where any thing is granted in general terms, this exception is implied, that there shall not be ahjr thing contrary to law and right.