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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, | ||
+ | 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' | ||
+ | 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' | ||
+ | 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' | ||
+ | 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' | ||
+ | |||
+ | The rule of law in the construction of wills is, that the word | ||
+ | " | ||
+ | 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 " | ||
+ | an accruing share, the word " | ||
+ | " | ||
+ | personal estate to the hospitals of Paris and " | ||
+ | parts of his will showing that by the term " | ||
+ | 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 | ||
+ | " | ||
+ | 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, " | ||
+ | interpretatio]]" | ||
+ | |||
+ | |||
+ | ---- | ||
+ | 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. ."> | ||
+ | Attorney-General, | ||
+ | |||