Demonstration

(Lat. demonstrare, to point out). Whatever is said or written to designate a thing or person. Several descriptions may be employed to denote the same person or object; and the rule of law in such cases is that, if one of the descriptions be erroneous, it may be rejected, if, after it is expunged, enough will remain to identify the person or thing intended. For falsa demonstratio non nocet. The meaning of this rule is that, if there be an adequate description with convenient certainty of what was contemplated, a subsequent erroneous addition will not vitiate it. The complement of this maxim is, non acdpi debent verba in demonstrationem falsam quae competent in limitationem veram; which means that if it stand doubtful upon the words whether they import a false reference or demonstration, or whether they be words of restraint that limit the generality of the former words, -the law will never intend error or falsehood. If, therefore, there is some object wherein all the demonstrations are true, and some wherein part are true and part false, they shall be intended words of true limitation to ascertain that person or thing wherein all the circumstances are true.

4 Exch. 604, per Alderson, B.; 8 Bing. 244; Broom, Leg. Max. 490; Plowd. 191; 7 Gush. (Mass.) 460.

The rule that falsa demonstratio does not vitiate an otherwise good description applies to every kind of statement of fact. Some of the particulars in an averment in a declaration may be rejected if the declaration is sensible without them, and by their presence is made insensible or defective.

Yelv. 182.

In Evidence. That proof which exeludes all possibility of error.