Part 5
Such words must be understood with reference to the estate which is in the grantor at the time of the grant. Thus a bill of sale which purported to assign to R. “all the household goods and furniture of every kind and description in a certain house, and more particularly mentioned and set forth in an inventory or schedule of even date therewith,” was held to apply only to the goods specified in the inventory which did not comprise all the goods in the house. In construing a statute general words must not be extended unduly. (See Chitty on Contracts, 16th ed. p. 102, and Max. No. 88.)
=* 275. Verba intentioni debent inservire.= _Words ought to be made subservient to the intention_—i.e., _should be construed so as to give effect to the intention_—“ut res magis valeat quam pereat.”
(_Roe_ v. _Tranmarr_, 2 Sm. L. C. 506.) The rule laid down in this maxim is one of the first and most important in the construction of contracts, so that they may be enforced according to the sense in which the parties mutually intended. Words and expressions are to be understood in their plain, ordinary, and popular sense, unless they may by custom of trade or the like have acquired a peculiar or technical sense and meaning. The “golden rule” as regards Acts of Parliament is that the words must be construed in their plain and grammatical sense and as mentioned in the preceding paragraph. (See Chitty on Contracts, 16th ed. p. 95, and Maxs. Nos. 26, 39, 122, and 273.)
=276. Verba relata in esse videntur.= _Words referred to are deemed to be incorporated._
Where a father infeoff his son, to have and to hold to him and his heirs, and the son then infeoff his father, purporting to do so only _as fully as his father infeoffed him_, by this, the father has a fee simple. On this same principle, existing but unattested papers, or documents, may be incorporated in a will, if referred to in such a way as to render their identity indisputable.
=277. Veritas nominis tollit errorem demonstrationis.= _Correctness in the name removes an error of demonstration._
In the construction of wills, this rule has frequently been acted on, but it must be first shown that there is an error of demonstration; until when the above maxim has, of course, no application. (See _Drake_ v. _Drake_, 8 House of Lords Cases, 172; also 2 Smith, L. C. p. 515.)
=278. Vetustas pro lege semper habetur.= _An old custom is ever regarded as law._
=279. Via trita est tutissima.= _The beaten track is the safest._
This is a good and safe rule to follow, but has its “proving exceptions” in the many originators, scientists, &c., of whom England is so justly proud.
=280. Vicarius non habet vicarium.= _A locum tenens (i.e., substitute) cannot appoint another in his stead._
(See Max. No. 55.)
=* 281. Victus victori in expensis condemnandus est.= _The loser must defray the costs of a successful litigant._
By the Judicature Acts, in the case of a trial by jury, costs follow the event, unless the judge shall, for good cause, order otherwise, but in all other cases, they are in the discretion of the Court. (See Steph. Comm. III. p. 561.)
=* 282. Vigilantibus et non dormientibus succurrunt jura= (or =æquitas subvenit=). _Laws come to the help of the vigilant, not of the sleepy_ (also written “_equity assists the vigilant,” &c._).
Before relieving a party from a contract on the ground of fraud, it must be shown to the Court that he exercised a due degree of caution before entering into such contract. The misrepresentation must be material, and the party claiming relief have been misled by it. It is not essential that the person making the false statement should know it to be such. The Statutes of Limitations are founded on the principle that a dilatory claimant deserves no assistance. (See Chitty on Contracts, 16th ed. p. 725, and Max. No. 127.)
=* 283. Volenti non fit injuria.= _No injury can be done to a willing person._
If a person voluntarily consents to an injury, he must bear the loss. A woman cannot herself support an action for seduction to which she is a consenting party. Her parent or employer, however, may do so, and is entitled to damages for loss of her service, the seduction in such case being the cause, “_per quod servitiam amisit_.”
=284. Voluntas, est justa sententia de eo quod quis post mortem suam fieri velit.= _A will is an exact opinion or determination concerning that which each one wishes to be done after his death._
=285. Voluntas in delictis, non exitus spectantur.= _In criminal cases the intention and not the result is regarded._
(See Maxs. Nos. 9 and 116.)
=286. Vox emissa volat, litera scripta manet.= _Word of mouth flies away, things written remain._
The effect of a written contract cannot be varied in its terms by parol evidence. (See Max. No. 143.)
=* 287. Where one of two innocent parties must suffer by the fraud of another, he who has enabled the fraud to be committed must be the sufferer.=
Thus, if A. on the strength of a representation by B., which is false, signs a receipt, and C., on the faith of the receipt, completes a purchase—here A. must suffer, and not C. (See _French_ v. _Hope_, 56 L. J. Ch. 363.)
=* 288. Where there is equal equity the law must prevail.= _That is, who is first in point of time._
(See Max. No. 220.)
PRINTED BY WILLIAM CLOWES AND SONS, LIMITED, LONDON AND BECCLES.
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TRANSCRIBER’S NOTES
1. Silently corrected obvious typographical errors and variations in spelling. 2. Retained archaic, non-standard, and uncertain spellings as printed. 3. Enclosed italics font in _underscores_.