Page:Black's Law Dictionary (Second Edition).djvu/1209

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VERBA IN DIFFERENT!

Verbs. in diiferenti materia per prinu, non per posterins, intelligenda cunt. Words on a different subject are to be understood by what precedes, not by what comes after. A maxim of the civil law. Cai- Vin.

Vex-ba intelligenda aunt in (men poss-:'hi.li. Words are to be understood in [of] II possible case. A maxim of the civil law. Calvin.

Verba intentiuni, non e contra, de- bent inservire. 8 Coke, 94. Words ought to be nlads subservient to the intent, not the intent to the words.

Verba ita aunt intelligenda, at re: magi: valeat qnam parent. The words [of an instrument] are to be so understood, that the subject-matter may rather be of force than perish, [rather be preserved than destroyed; or, in other words, that the instrument may have effect, if possible] Baa. Max. 17, in reg. 3; Plowd. 156; 2 Bl. Comm. 380: 2 Kent. Comm. 555.

Verbs mere snquivnca, :1 per communem nsnm laquendi in intellectn eex-to summnntnr, talis intellechn pr:2fe:ren- (Ins est. [In the case of] words merely equivocal, if they are taken by the common usage of speech in a certain sense, such sense is to be preferred. A maxim of the civil law. Calvin.

Verba nihil opera:-1 meliiu est qnam absnrde. It is better that words should have no operation at all than [that they should operate] abeurdly. A maxim of the civil law. Calvin.

Verba non tam intuexula, qnam cause. at natnra. rei, at man: contrahentiam ox els potiin qnam ex verbls apparent. Tim words [of a contract] are not so much to be looked at as the cause and nature of the thing. [which is the subject of it,] in order that the intention of the contracting parties may appear rather from them than from the words. Calvin.

Verba uflendi possnnlz, imo ab eis recedere licet, Ill: verbs and saruun intellec- eum redueantnr. Words mnv he opposed, [taken in a contrary sense,] any, we may die- regard them altogether, in order that the [general] words [of an instrument] may be restored to a sound meaning. A maxim of the civilians. Calvin

Verba ordinationis qnandu verifioari possnnt in sun. vera signiflcatione, trabi ad extrauenm intelleotnm non debent. When the words of an ordinance can he carried into effect in their nwn true meaning,

Bl.Law Dict.(2d Ed.)—76

1201

VERBAL

they ought not to be drawn to a foreign intendment. A maxim of the civilians. Cal- vin.

Verba posteriora propter certitndinem addita, ad pl‘l0l'E. qua eertitndine indigent, sunt referenda. Subsequent words. added for the purpose of certainty, are to he referred to the preceding words which re- quire the certainty. Wing. Max. 167, max. 53; Broom, Max. 586.

Verba pro re et subjects. mate:-ia acclpi debent. Words ought to be understood in favor of the thing and subject-matter. A maxim of the civilians. Calvin.

Verba qaae aliqnid operari possunt non debant ease snperflua. WOl'I1S which can have any kind of operation ought not no he [considered] superfluous. Calvin

Verba, qnantamvis generalia, ad aptitndinem restringaatnr, etiamsi nullam aliam pater-enizur restrictionem. Words. howsoever general, are restrained to fitness. (i. 2., to harmonize with the subject-matter,) though they would bear no other restriction. spiegellus.

Verba relata boo maxime operantnr per referentlam, III: in els inesse widentur. Related words [words connected with others by reference] have this particular operation by the reference, that they are considered as being inserted in those [clauses which refer to them.] Go. Litt. 917, 359a. Words to which reference is made in an instrument have the same effect and operation as if they were inserted in the clauses re ferring to them. Broom, Max. 673.

Verba secundnm mate:-lam subjeotam intellig-l memo est qui nesniat. There 1! no one who does not know that words are to he understood according to their subject- matter. Calvin.

Verba aemper accipienda sunt in mitiori sensn. Words are always to be taken in the milder sense. 4 Ooke, 13a.

Verbs stricta signiflcationin ad latam extendi possnnlz, ai snbsit ratio. Words of a strict or narrow signification may be extended to a broad meaning, if there be ground in reason for it. A maxim of the civilians. Calvin.

Verba aunt indticee animi. Words are the indices or indicators of the mind or thought. Latch, 106.

VERBAL. Parol; by word of mouth; oral; as. verbal agreement, verbal evidence: or written, but not signed, or not executed

with the formalities required for a deed