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+ | ====== Benignse faciendse sunt interpretation' | ||
+ | |||
+ | ** Liberal constructions of written documents are to be made, because of the simplicity of the laity, and with a view to carry out the intention of the parties and uphold the document; and words ought to be made subservient, | ||
+ | |||
+ | The translation given of this maxim, taken generally, makes | ||
+ | its meaning sufficiently obvious. It may be well, however, | ||
+ | further to observe, that it applies to all written instruments of a | ||
+ | private or public nature, and that the intention of the parties | ||
+ | will in all cases be the rule of construction, | ||
+ | |||
+ | Where an instrument cannot be construed so as to carry out | ||
+ | fully the intentions of the parties, it shall be made to operate so | ||
+ | far as possible. Where two join in a grant of land, one having | ||
+ | no interest or no capacity, the grant shall be construed to operate | ||
+ | as that of the one having the interest or capacity ; or, where one | ||
+ | grants a larger estate than he possesses, the grant shall be construed so as to pass such estate as he has. So in deeds, contracts, | ||
+ | wills, etc, where the parties omit to express themselves in | ||
+ | technical language, the deficiency will be supplied by the context, | ||
+ | and the intention upheld where, in doing so, no express rule of | ||
+ | law established for the construction of such deeds, contracts, | ||
+ | wills, &c, will be thereby violated. Where, however, technical | ||
+ | language is used, even though improperly, effect must be given | ||
+ | to it, according to the rule of giving effect to every part of a | ||
+ | document, unless it leads to manifest absurdity. The construction to be put upon Acts of Parliament depends upon the intention | ||
+ | of the Legislature, | ||
+ | construed with reference to the whole, as is the case with the ordinary acts of individuals. The construction of instruments | ||
+ | between parties, wills, etc, depends upon the intention of the | ||
+ | parties, and the grammatical and ordinary sense of the words is | ||
+ | to be adhered to, unless that would lead to some absurdity, or | ||
+ | some repugnancy or inconsistency with the rest of the instrument, | ||
+ | in which case, the grammatical and ordinary sense of the words is | ||
+ | to be modified so as to avoid that absurdity or inconsistency, | ||
+ | no further. There is, however, a limit put to the construction | ||
+ | of written instruments, | ||
+ | to, or struck out of, a document so as to alter in anywise the | ||
+ | obvious meaning of it in any part, nor so as to make a fresh deed | ||
+ | or document for the parties, but every part of the document, and | ||
+ | every word in it, must be considered with reference to the whole, | ||
+ | and that whole considered in a manner agreeable to reason and | ||
+ | common sense, according to manifest intention, and with a view, | ||
+ | if possible, to uphold the document. For, " //Nihil tarn conveniens | ||
+ | est naturali sequitati, quarn voluntatem domini voluntatis rem | ||
+ | suam in alium transferre ratam habere//" | ||
+ | to natural equity as to regard the intention of the owner in | ||
+ | transferring his property to another. | ||
+ | |||
+ | A single instance of the practical application of the maxim | ||
+ | under consideration will suffice. Where a bill of sale appeared | ||
+ | to have been executed on the 31st of December, 18 GO, and the | ||
+ | date of the jurat of the affidavit which was filed with it being the | ||
+ | 10th of January, 1860 ; the Court of Queen' | ||
+ | that the date in the jurat arose from a mistake often made in | ||
+ | dates at the commencement of the year, and in accordance with | ||
+ | the principle of this maxim allowed the jurat to be amended. | ||
+ | |||
+ | ---- | ||
+ | Co. LiU. 36; 1 Co. 100; Shep. Touch. 86, 87, 16C, 253; Gore ,. Lloyd, | ||
+ | |||
+ | 12 M. &W. 478; Chapman v. Towner, C M. & W. 100; Tarte f. Darby, | ||
+ | 15JI.it \X. C01; Biffin i. Yorke, C Scott X. R. 235; Arnold v. Ridge, | ||
+ | |||
+ | 13 C. B. 703; Ea.it i: Twyford, i H. L. Cas. 556; Blamford v. Blamford, | ||
+ | 3 Buls. 103 ; Hollingsworth v. White, L. T. (X.S.) GUI ; Grey v. Pearson, | ||
+ | 29 L. T. 67 ; Cheney r. Courtois, 7 L. T. (X.S.) 6S0; Broom c. Bachelor, | ||
+ | 27 L. T, 22. | ||