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.

1. Proof which excludes possibility of error. 6 A conclusion from a universal major premise, producing absolute certainty.' Mathematical truth alone is susceptible of this high degree of evidence; matters of fact are proved by moral evidence.®) ^ See Certainty; Evidence, Moral. 2. Whatever is said or written to designate a person or thing; designation; description. Demonstrative. Pointing out specifically; designating particularly: as, a legacy payable out of a particular fund. See Legact. An erroneous description does not render an instrument inoperative where the thing or person intended can be identified. As far as inapplicable it will be rejected; particularly so when merely additional to another description or reference which is unambiguous: as where, in the same instrument, land is correctly described by boundaries and wrongly described by parcel or number.** See further Demonstratio; Description. ' Dodd V. Bartholomey, 44 Ohio St. 175 (1886), Minshall, J. = Morrell v. Fisher, 4 Exch. •604 (1849), Alderson, B.; 113 U. S. 447. ' Broom, Max. 629; 1 Whart. Ev. % 945. 'Broom, Max. 645; 3 Bradt. 144, 149. « In Beardsley v. Bridgeport, 63 Conn. 493 (1886), used in a charitable bequest. « [1 Qreenl. Ev. § 1. ' [1 Whart. Ev. § 7. 8 1 Greenl. Ev. % 301. See White v. Luning, 93 U. S. 524 (1876); Springer v. United States, 103 id. 693 (1880); Noonan v. Lee, 2 Black, 604 (1882); Cleayeland v. Smith, 2 Story, 291 (1843); Ham v. San Francisco, 17 F. E. 121

is whatever is said or written to designate a thing or person; for example, a gift of so much money, with a fund particularly referred to for its payment, so that if the fund be not the testator’s property at his death, the legacy will not fail, is called a demonstrative legacy. 4 Ves. 751; Lownd. Leg. 85; Swinb. 485. A legacy given to James, who married my cousin, 1s demonstrative; these expressions present the idea of a demonstration, there are many James, but only one who married my cousin. Vide Ayl. Pand. 130. Dig. 12, 1,6; Ib. 35,1, 84. Inst. 2, 20, 30.:,