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legal_language:noscitur_a_sociis_87512019 [2021/05/25 18:20]
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legal_language:noscitur_a_sociis_87512019 [2021/05/25 19:22] (current)
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 +====== Noscitur a sociis ======
 +
 +**The meaning of a word may be ascertained by reference to those associated with it. **
 +
 +This maxim applies to the construction to be put upon all 
 +written instruments. 
 +
 +It is one of the many maxims serving as guides in the interpretation of written instruments used by the judges of former 
 +times, to express tersely a reason for their opinions ; and it is 
 +constantly acted upon by the judges in the present day in 
 +considering and determining the weight to -be attached to general 
 +words with reference to particular words associated therewith, 
 +and also in considering and determining the meaning of 
 +ambiguous terms in the absence of apt words showing clearly the 
 +real intention of the parties. It is, however, subject to the 
 +general rule of interpretation of written instruments as to 
 +intention, and is used with particular reference to the bearing 
 +one word has to another, and to the connection existing between 
 +one word and another. 
 +
 +The following case will most readily make the maxim under- 
 +stood : — C. demised to E. for a term of ninety-seven years an 
 +unfinished messuage, with a covenant by E. to deliver up the 
 +same to C. at the end of the term, together with all locks, keys, 
 +bars, bolts, marble and other chimney-pieces, foot paces, slabs 
 +and other fixtures and articles in the nature of fixtures, which 
 +should at any time during the term be fixed or fastened to the 
 +premises. E. took possession, and completed the messuage as a 
 +tavern, and for that purpose put in certain suitable trade and 
 +tenant's fixtures. B. afterwards contracted with E. for an under- 
 +lease of the premises, and the goodwill, furniture, fixtures, etc. ; 
 +in pursuance of which contract E. executed an under-lease to B. 
 +containing a covenant on the part of B. in the same words as the 
 +covenant by E. to C. in the original lease. In an action by E. against B. for the value of the tenant's and trade fixtures, it was 
 +held, on error, upon the principle of this maxim, that the covenant 
 +above set forth did not restrain B. from disposing of either the 
 +tenant's or trade fixtures ; but that the general words which 
 +followed the particular words ought to be limited to fixtures of 
 +the like kind, and not to be extended so as to include the trade 
 +or tenant's fixtures. 
 +
 +The rule of law in the construction of wills is, that the word 
 +"survivors" is to be confined to its literal significance of survivors 
 +at the period spoken of by the testator, in every case where it is 
 +possible so to be without violating the clear meaning of the rest 
 +of the will. But, where the gift over and subsequent part of the 
 +will referred to the "issue" of a deceased niece participating in 
 +an accruing share, the word "survivors" of nieces was construed 
 +"others." Again, where a foreigner bequeathed his residuary 
 +personal estate to the hospitals of Paris and "London," in other 
 +parts of his will showing that by the term "London" he did not 
 +mean the city of London properly so called ; it was held that 
 +London, as used by the testator, must be held to comprise all the 
 +houses which stand in a continuous line of streets within the 
 +cities of London and Westminster and the borough of Southwark, 
 +together with the houses contiguous thereto. So, the word 
 +"vested," used in a gift over, must be construed as being intended 
 +to mean vested in interest, and not as meaning vested in possession, 
 +unless the rest of the will and the context require that it should 
 +receive the latter construction. 
 +
 +The maxim, "[[legal_language:ex_antecedentibus_et_consequentibus_fit_optima_interpretatio_14129122018| Ex antecedentibus et consequentibus fit optima 
 +interpretatio]]" may be appropriately considered with this. 
 +
 +
 +----
 +3 T. R. 87 ; King v. Melling, 1 Vent. 225 ; Evans v. Astley, 3 Burr. 1570 ; 
 +Bacon W. Bl. 4, p. 26 ; Hay v. Coventry, 3 T. R. 87 ; Clift „. Sohwabe, 
 +3 C. B. 437 ; Hardy v. Tingey, 5 Exch. 294 ; Bishop v. Elliott, 11 Exch. 113 ; 
 +Borrodaile . Hunter, 5 M. & Gr. 639 ; Knight v. Selby, 3 Scott N. R. 409 ; 
 +Grey v. Friar, 4 H. L. Cas. .">80, et seq. ; Re Keap, 32 Beav. 122 ; Wallace r. 
 +Attorney-General, 10 L. T. (X.S.) 51 ; Re Arnold, 9 L. T. (N.S.) 530. 
 +