(258) OIL, Oile, Oyl, Oyel. L. Fr. Yes; yea. Schard. Est Jon icy en prop' p'son? Parn. Sir, oil. Yearb. M. 9 Edw. III. 13. Wilby. Est W. en vie? Sad. Sir, oile. P. 4 Edw. III. 12. Certes, oile. M. 6 Edw. III. 45. See Oyl, Oyel. OIL, OIL. L. Fr. Yea, yea; ay, ay. The assent of the commons in 28 Edw. III. Kelham. (259) Every great example has somewhat of injustice, which is compensated by its public utility. Branch's Pr. citing Hob. 279. Wharton, its point is lost by the use of the word approved instead of proved. Omnia delicta in aperto leviora sunt. All crimes that are committed openly are lighter; [or have a less odious appearance than those committed secretly.] 8 Co. 127 a, City of London's case. Omne majus continet in se minus. Every greater contains in itself the less. 5 Co. 115 a, Wade's case. Wingate's Max. 206, max. 59. The greater always contains the Omnia præsumuntur contra spoliatorem. less. Finch's Law, b. 1, c. 3, n. 22. Broom's All things are presumed against a despoiler Μαχ. 75, [129.] Hence, if a man tender or wrong-doer. A leading maxim in the more than he ought to pay, it is good, and law of evidence. Best on Evid. 340, the other party ought to accept so much § 303. If a man, by his own tortious act, of the sum tendered as is due to him. Id. withhold the evidence by which the nature ibid. But see the qualification, ibid. A of his case would be made manifest, every man having a power may do less than such presumption to his disadvantage will be power enables him to do. Id. 76. Story adopted. Broom's Max. 425, [725.] "When on Agency, § 172. This maxim is supposed to be merely a different version of that of the civil law, In eo quod plus est, semper inest et minus, (q. v.) Dig. 50. 17. 110. 1 Wooddes. Lect. Introd. Lect. 5, lxxi. note. Other forms of it are Omne majus trahit ad se [quod est] minus. Every greater thing draws to it the less. Co. Litt. 43 b. 2 Co. 68 b, Tookers' case. Omne majus minus in se complectitur. Every greater embraces in itself the less. Jenk. Cent. 208, case 40. Omne quod inædificatur solo cedit. Every thing which is built upon [the soil] belongs to the soil. Dig. 41. 1. 7. 10. Inst. 2. 1. 29. Fleta, lib. 3, c. 2, § 12. Omne sacramentum debet esse de certa scientia. Every oath ought to be of certain knowledge. 4 Inst. 279. Omne testamentum morte consummatur, [consummatum est.] Every will is consummated or made complete by death. 3 Co. 29 b. 4 Id. 61 b, Forse & Hembling's case. Shep. Touch. 401. A testament is of no force till after the death of the testator. 2 Bl. Com. 500. Broom's Max. [378.] Omnes licentiam habere his quæ pro se indulta sunt, renunciare. [It is a rule of the ancient law that] all persons shall have ⚫ liberty to renounce those privileges which have been conferred for their benefit. Cod. 1. 3. 51. Id. 2. 3. 29. Omnes prudentes illa admittere solent quæ probentur iis qui in arte sua bene versati sunt. All prudent men are in the habit of admitting those things which are proved by those who are well versed or skilled in their own art. 7 Co. 19 a, Calvin's case. This is only another form of the maxim, Cuilibet in arte sua perito credendum est, (q. v.) though less positively expressed. In the translations given in Branch and a man destroys a thing that is designed to be evidence against himself, a small matter will supply it." Holt, C. J. 1 Ld. Raym. 731. 1 Greenl. Evid. § 37. Omnia præsumuntur legitime facta donec probetur in contrarium. All things are presumed to be lawfully done, until proof be made to the contrary. Co. Litt. 232 b. Best on Evid. 337, § 300. Broom's Max. [730.] Omnia præsumuntur rite esse acta. All things are presumed to be done in due form. Omnia præsumuntur solemniter esse acta. All things are presumed to be done with due solemnity. Co. Litt. 6 b. Every thing is presumed to be rightly and duly performed, until the contrary is shown. Acts done, which presuppose the existence of other acts to make them legally operative, are presumptive proofs of the latter. 2 Ohio St. R. 246, 247. 4 Id. 148. 6 Id. 293. Where acts are of an official nature, or require the concurrence of official persons, a presumption arises in favor of their due execution. Broom's Max. 427, [729.] The presumption of law is, that public officers, charged with a public duty, perform that duty rightfully, until the contrary appears. Shaw, C. J. 11 Metcalf's R. 347. The acts of a court of justice are to be presumed to be rightfully done. 3 Story's R. 534. It is an established maxim of law, in relation to the acts of public officers, and especially of judicial tribunals acting within their jurisdiction, that all things shall be presumed to be done rightly, until the contrary is proven. 26 Mississippi R. 362. This maxim is now constantly used by the courts, to uphold the maxim Ut res magis valeat quam pereat. Pearson, J. 3 Jones' Law R. 119. See Best on Evid. 337-339. See Rite. Omnia quæ jure contrahuntur, contrario