Insteument

1.

An implement or tool, qq.

V. 2.

Whatever may be presented as evidence to the senses of an adjudicating tribunal, — a document, witness, or even a living thing produced for inspection.! A means of proof; the means by which the truth is in fact established, and whether written or unwritten.2 3. Anything reduced to writing: a " written instrument " or " instrument of writing; " more particularly, a document of a formal or solemn character. Common descriptive epithets: commercial, negotiable, sealed and unsealed instruments. "Instruments in writing," associated in a statute with "bonds," "laws," "deeds," and "records," has a restrictive connotation. Independently of such surroundings, the expression, by itself, does not comprehend all written papers, but only written papers of a class. An instrument is " something reduced to writing as a means of evidence." Returns of births, marriages, and deaths, to a department of government, are not "instruments." * A generic term for bills, bonds, conveyances, leases, mortgages, promissory notes, wills, and like formal or solemn writings. Scarcely includes accounts, letters in ordinary correspondence, memoranda, and similar writings, with respect to which the creation of evidence to bind the party, or the^stablishment of an obligation or title, is not the primary motive.* Instruments will be so construed as to carry into effect the intention of the parties, but there must always be sufficient words to enable the courts to ascertain what this intention was. The rule that courts will so construe an instrument as to make it effective, does not mean that they will inject into it -new and distinct provisions. Thus, that an instrument may have effect as a conveyance, it must contain words importing a grant.'

See Alteration, 2; Caption, 2; Cancel; Date; Description; Forgery; Lost, 2; Paper; Presents (1); Peofert; Eedundancy; Eeform; Eepugnant; Seal, 1; Sign; SpEOi At.TY; Spoliation; Sobscribe; Writing.