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legal_language:quando_lex_aliquid_alicui_concedit_concedere_videtur_id_sine_quo_res_ipsa_esse_non_potest

Quando lex aliquid alicui concedit, concedere videtur id sine quo res ipsa esse non potest

When the law gives anything to any one, it gives also all those things without which the thing itself would be unavailable.

Where by charter a select body in a corporation had power to make bye-laws for the good rule and government of the borough, letting its lands, and other matters and causes whatsoever concerning the borough ; and by the charter it was also directed that the mayor, bailiffs, and burgesses should from time to time elect other burgesses ; it was held that the general body of mayor, bailiffs, and burgesses might make a bye-law that the burgesses should be elected by the select body. In which case it was stated to be a legal incident to every corporation to have the power of making bye-laws, regulations, and ordinances relative to the purposes for which such corporation was instituted ; and that 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, “Qui concedit aliquid concedere videtur et id, sine quo res ipsa esse non potest.”

A person who is entitled to expose goods for sale in a public market has a right to occupy the soil with baskets necessary and proper for containing the goods ; and that as against one to whom the owner of the fee simple of the soil has made a demise.

A railway company having authority of Parliament to construct a railway, are impliedly authorised to do all things necessary for the construction of the railway ; as, where they had authority to construct a bridge across another railway, they had a right to place temporary scaffolding on the land of such other railway, if necessary for the construction of the bridge ; and their workmen could pass and repass upon sucli other railway in doing all things necessary for such construction ; upon the principle that, “Ubi aliquid conceditur, conceditur etiam et sine quo res ipsa non esse potest.”

The sheriff is authorised to raise the posse comitntus, or power of the county, to assist him, if necessary, in executing process. So all other officers of the law are provided with the means necessary to cany the law into effect.

The same rule applies also to individuals ; as, “Qui concedit aliquid concedere videtur, et id sine quo concessio est irrita, sine quo res ipsa esse non potuit.” 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, or of mines, a right of entry to dig for get and carry away the minerals.

It, must, however, be borne in mind that when the law gives anything, the right so acquired must in nowise be exceeded, and that more especially as to private rights ; as, in a grant to a corporation or public company ; for anything done in excess of the right granted will be ultra vires and void. So where an Act of Parliament constituting a company specifies the nature and objects for which the company is constituted, as a railway company ; and the company, notwithstanding, engage in some other undertaking not warranted by the Act ; a court of equity will grant an injunction restraining the company from acting beyond the limits of the powers given by the Act, even at the instance of a single shareholder, and against the concurrence in the new undertaking of all the others.


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Created on 2021/02/03 00:13 by LawPage • Last modified on 2021/02/03 00:13 by LawPage