Semper

I. Always. Semper ita flat relalio, ut valeat digpositio: reference [of a disposition in a will] should always be so made that the disposition may have effect. Semper praesumitur pro legitimatione puerornm: the presumption always is in favor of the legitimacy of children. Semper praesumitur pro negante: the presumption is always in favor of the one denying. Semper praesumitur pro sentential the presumption always is in favor of a sentence. Semper paratns: always ready; always prepared.

In the civil law. Semper in dubiis benigniora praeferenda sunt: in doubtful cases, the more favorable constructions are always to be preferred. Semper in dubiis id agendum est, ut qnam tutissimo sit bona fide a contract made bona fide should be in carefully upheld], unless when it has been Semper in obseuris, quod minimum est, scurity we always follow that which is the lationibns, et in ceteris contractibus, id est: in stipulations and in other contracts done [we are governed by the actual state non proliibet pro se inter Tcnlre, uiandare not prohibit the intervention of another in authorize it. Semper sexus masculinus continet: the male sex always includes the alia ^eneralibus insunt: specials are always

Always; ever. » Miller v. United States, 11 Wall. 296 (1870), Strong, J. 2 The Segunda, 10 Wheat. 32B (1826), Story, J. ' Lotteries, 1 6 Op. Att-Gen, 5 (1878), " « Greene v. Pacific Mutual Ins. Co., 9 Allen, 222 (1864), Bigelow, C. J. ° F. sembler^ to seem: L. aimilis, like. Semper paratus. Always ready. In common-law practice, a plea that the defendant always has been and slill is ready to do what is demanded of him. Following a tender by the debtor and a refusal by the breditor, will at least save the costs of the suit to the defendant. In French, tout temps prist.' See Tender, 2.

I. Always. Semper in obscuris minimum obscure. Semper paratua: always (prepared) ready; v. Tout temps prist. Semper prsesumitur pro uegante: the presumption is always iu favor of the one denying.

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.