Verba

I. Words. Verba accipienda sunt: words are to be taken: — secnndum subjectam materiam: words are to be taken according to the subject-matter; — nt sortientnr effectum: words are to be taken so that they may have effect Verba ajquivoca, ac in dubio sensn posita, intelliguntur diguiori et potentiori sensu: equivocal words, and such as are put in a doubtful sense, are [to be] understood in the more worthy and effectual sense. Verba aliquid operari debent: words ought to work or operate somewhat Verba ambigna/= fortius accipiantur contra proferentem: ambiguous words are [to be] taken most strongly against the party making use of them. Verba artis ex arte: words of art [are to be taken] according to art Verba cancellaria;: words of the chancery, — the technical style of writs framed in the office of chancery. Verba chartarum fortius accipiuntur contra proferentem: the words of charters {deeds or written instruments] are taken most strongly against him who uses them. Verba cum effectu sunt accipienda: words are to be taken with effect, or so as to have effect v. Verba dicta de persona intelligi debent de conditione personae: words spoken of a person are to be understood of the condition of the person. Verba fortius accipiuntur contra proferentem: words are to be taken most strongly against him who uses them. v. Verba chartarum, etc. Verba generalia: general words; — generaliter sunt intelligenda: general words are to be understood generally; — restriuguntur ad liabilitatem rei vel person*: general words are to be restricted to the capacity of the thing or person [of which they are spoken]. Verba illata inesse yidentur: words imported [into an instrument] by a reference are deemed to be included [in the instrument]. Verba intentioni, et non e contra, debent inservire: the words [of an instrument] ought to subserve the intention of the party, and not the reverse [i. e. the intention, the words]. Verba ita sunt intelligenda ut res magis valeat quam pereat: the words [of an instrument] are to be so understood that the subject-matter may rather be of force than perish [rather be preserved than destroyed, or, in other words, that the instrument may have effect, if possible]. V. Ut res, etc. Verba posteriora propter certitudinem addita, ad priora qnte certitudine indigent, sunt referenda: subsequent words, added for the purpose of certainty, are to be referred to the preceding words which require the certainty. Verba relata lioc niaxime operantur per referentiam, ut in eis inesse videntnr: related words [words connected with others by reference] have this particular operation by the reference, that they are considered as being inserted in those [clauses which refer to them]. Verba secundum materiam subjectam intelligi nemo est qui nesciat: there is no one who does not know that words are to be understood according to their subject-matter.. Verba semper accipienda sunt in mitiori sensu: words are always to be taken in the milder sense. A maxim in the law of slander which no longer obtains. Verba sunt indices animi: words are the indices or indicators of the mind or thought v.

Index animi sermo

In the civil law. Verba generalia restringuntur ad habilitatem personeB vel ad aptitudinem rei: general words are to be restricted to the capacity of the person or the fitness of the thing. Verba in differenti materia per prius, non per posterius, intelligenda sunt: words on a different subject are to be understood by what precedes, not by what comes after. Verba intelligenda sunt in casu possibili: words are to be understood in [of] a possible case. Verba mere sequivoca, si per comniunem usum loqnendi in intellectu certo sumuntur, talis intellectus prseferendus est: [in the case of] words merely equivocal, if they are taken by the common usage of speech in a certain sense, such sense is to be preferred. Verba nihil operari melius est quam absurde: it is better that words should tralientinm ex eis potiiis qnam ex verbis appareat: the words [of a contract] are not so much to be looked at as the cause and nature of the thing [which is the subject of it], in order that the intention of the contracting parties may appear rather from them than from the words. Verba offendi possunt, imo ab eis recedere licet, ut verba ad sanuiu intellectnm reducantnr: words may be opposed [taken in a contrary sense], nay, we may disregard them altogether, in order that the [general] words [of an instrument] may be restored to a sound meaning.^ Verba ordiuatiouis qaando veriilcari possnnt in sua vera signiflcatione, trahi ad extraneum intellectuiu non debent: when the words of an ordinance can be carried into effect in their own true meaning, they ought not to be drawn to a foreign intendment Verba precaria: precatory words; words of prayer or entreaty; words used to create a trust. Verba pro re et snbjecta materia accipi debent: words ought to be understood in favor of the thing and subject-matter. Verba quantumvis generalia, ad aptitudinem restringnntnr, etiamsi unllam aliam paterentur restrictionem: words, however general they may be, are resti'ained for the purpose of adaptation, even though they may admit of no other kind of restriction. Verba quae aliquid operari possunt non debent esse saperflua: words which can have any kind of operation ought not to be considered superfluous. Verba strictse signiflcatlonis ad latam extendi possunt, si subsit ratio: words of a strict or narrow signification may be extended to a broad meaning, if there be ground in reason for it