Quando

When. The initial word of several Latin phrases and maxims. Quando acciderint. When they shall come in; when they shall come to hand. A judgment against an executor or administrator, directed to be satisfied out of assets when they shall afterwards come to his hands, is termed a judgment quando acciderint. Such a judgment is proper if the defendant has pleaded plene administravit, and admits that the defendant has fully administered up to that time. Judgment of assets quando acciderint is a judgment which is sometimes signed against an executor, and which empowers the party so signing it to have the benefit of assets which may at any time afterwards come to the hands of the executor, or whenever they may happen. The plaintiff, having obtained a judgment of this sort, may afterwards, upon the assets having come to the defendant's hands, proceed against him by sci. fa. to obtain payment of his debt. Brown. Quando aliquid conceditur, conceditur id sine quo illud fieri non possit. When any thing is granted, that also is granted without which it cannot have effect. A form of the maxim, cuicunque aliquis quid concedit, concedere videtur et id sine quo res ipsa esse non potuit, q. v. Quando aliquid mandatur, mandatur et omne per quod pervenitur ad illud. When anything is commanded, every thing by which it can be accomplished is also commanded. When the law directs a thing to be done, it authorizes the doing of every thing necessary to accomplish what is commanded. Quando aliquid prohibetur fieri ex directo prohibetur et per obliquum. When any thing is prohibited from being done directly, it is prohibited also indirectly. What the law forbids to be done directly must not be done indirectly. Quando aliquid prohibetur, prohibetur et omne per quod devenitur ad illud. When any thing is prohibited, every thing by which it may be done is also prohibited. The prohibition by law of any act implies the prohibition of using the means to such act. Quando jus domini regis et subditi concurrunt jus regis praeferri debet. When the right of the sovereign and of the subject concur, the right of the sovereign ought to be preferred. This maxim depends upon considerations similar to the grounds of the more familiar principle, nullum tempus occurrit regi. This prerogative is said to depend upon the principle that no laches can be imputed to the king, who is supposed by law to be so engrossed by public business as not to be able to take care of every private matter relating to the revenue, and because the king is in reality to be understood as the nation at large, to whose interest that of any private individual ought to give way. His prerogative, until restrained by recent statutes, extended to prevent the other creditors of a person indebted to the crown from suing him, and to prevent such debtor from making any will of his personal effects without the sanction of the crown. Whart. Max. Quando lex aliquid alicui concedit, concedere videtur et id sine quo res ipsa esse non potest. When the law grants any thing to any one, it is deemed to grant also that without which the thing itself cannot exist. A legal grant carries with it whatever is essential to constitute the subject-matter, and its necessary incidents. Under this maxim, railway companies receive statutory authority to do all things necessary to construct their roads; and the same rule applies in the case of individuals: as, where a man grants a piece of land or a house, he impliedly grants that without which the land or the house would be useless, as a right of road, &c.; or in the case of mines, the right of entry to dig for and carry away the minerals. Whart. Max. It is a legal incident to every corporation to have the power of making by-laws, regulations, and ordinances relative to the purposes for which such corporation was instituted. When the crown creates a corporation, it grants to it, by implication, all powers that are necessary for carrying into effect the objects for which it was created, upon the maxim, quae concedit aliquid concedere videtur et id sine quo res ipsa esse non potest. Whart. Max. Quando plus fit quam fieri debet, videtur etiam illud fieri quod faciendum est. When more is done than ought to be done, that which was properly to be done is deemed as done. Where, under a power, more is done than is authorized, the part for which there was authority is valid, and the act is void as to the excess only. Thus, if a man has power to lease for ten years, and he leases for twenty years, the lease for the twenty years will, in equity, be good for ten years of the twenty. Broom Max. 177.