Verba

Lat. (Plural of verbum.) Words.

— Verba cancellarim. Words of the chancery. The technical style of writs framed in the office of chancery. Fleta, lib. 4, c. 10, § 3.

— Verba precaria. In the civil law. Precatory words; words of trust or used to create a trust. —Verba accipienda snnt cum effectu, ut sortiantur effectum. Words are to be received with effect, so that they may produce effect. Bac. Max. —Verba accipienda sunt secundum subjectam materiam. 6 Coke, 62. Words are to be understood with reference to the subject-matter. —Verba sequivoca, ae in dnbio sensu posita, intelliguutur digniori ct potem tiori sensn. Equivocal words, and such as are put in a doubtful sense, are [to be] understood in the more worthy and effectual sense. 6 Coke, 20a. — Verba aliquid operari debent; debent intelligi ut aliquid operentur. 8 Cake, 94. Words ought to have some operation; they ought to be interpreted in such a way as to have some operation.

— Verba artis ex arte. Terms of art should be explained from the art. 2 Kent, Comm. 556, note.

— Verba chartarum fortius accipiuntur contra proferentem. The words of charters are to be received more strongly against the grantor. Co. Litt. 36; Broom, Max. 594.

— Verba cum effectu accipienda sunt. Bac. Max. 3. Words ought to be used se as to give them their effect.

— Verba currentis monetæ, tempus solutionis designant. Dav. 20. The words "current money" designate current at the time of payment — Verba debent intelligi cum effectu, ut res magis valeat quam pereat. Words ought to be understood with effect, that a thing may rather be preserved than destroyed. 2 Smith, Lead. Cas. 530.

— Verba debent intelligi ut aliquid operentur. Words ought to be understood so as to have some operation. 8 Coke, 94n. — Verba dicta de persona intelHgi debent de conditione personae. Words spoken of a person are to be understood of the cendition of the person. 2 Rolle, 72.

— Verba fortius accipiuntur contra proferentem. Words are to be token most strongly against him who uses them. Baa Max. 11, reg. 3. — Verba generalia generaliter sunt in-telligenda. 3 Inst. 76. General words are to be generally understood. — Verba generalia restringuntur ad habilitatem rei vel aptitudinem personae.General words must be narrowed either to the nature of the subject-matter or to the aptitude of the person. Broom, Max. 646.

— Verba illata (relata) iaesse videntur. Words referred to are to be considered as if incorporated. Broom, Max. 074, 677; 11 Mees. & W. 183. — Verba in differenti materia per prius, non per posterius, intelligenda snnt. Words on a different subject are to be understood by what precedes, not by what comes after. A maxim of the civll law. Calvin.

— Verha intelligenda snnt in easn possibili. Words are to be understood in [of] a possible case. A maxim of the civll law. Calvin. — Verha intentioni, non oontra, debent inservire. 8 Coke, 94. Words ought to be made subservient to the intent, not the intent to the words. — Verba ita snnt intelligenda, nt 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.] Bac. Max. 17, in reg. 3; Plowd. 156; 2 Bl. Comin. 380 ; 2 Kent, Comm. 555. — Verba mere sequivoca, si per communem usum loquendi in intellectu certo summuutur, talis intellectus praeferendus est. [In the case of] words merely equivocal, lf they are token by the common usage of speech in a cortain sense, such sense is to be preferred. A maxim of the civil law. Calvin.

— Verba nihil operari melius est quam absurde. It is Letter that words should have no operation at all than [that they should operate] absurdly. A maxim of the civll law. Calvin. — Verba non tam intuenda, quam cansa et natura rei, ut mens contrahentium ax eis potius quam 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. Calvin. — Verba offendi possnnt, imo ab eis recedere licet, nt verha ad sannm intellectum reducantur. 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. A maxim of the civilians. Calvin. — Verba ordinationis quando verificari possunt in sua vera significatione, trabi ad extraneum intellectum 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. A maxim of the civlllans. Calvin. — Verba posteriora propter certitudinem addita, ad priora quae certitudine indigent, snnt referenda. Subsequent words, added for the purpose of certainty, are to be referred to the preceding words which require the cortainty. Wing. Max. 167, max. 53; Broom, Max. 586. — Verba pro re et subjecta materia accipi debent. Words ought to be understood in favor of the thing and subject-matter. A maxim of the civilians. Calvin. — Verba quæ aliquid operari possnnt non debent esse superflua. Words which can have any kind of operation ought not to be [considered] superfluous. Calvin. — Verba, quantumvis generalia, ad apti-tndinem restringantur, etiamsi nullam aliam paterentur restrictionem. Words, howsoever general, are restrained to fitness, (i. e„ to harmonize with the subject-matter,) though they would bear no other restriction. Spiegelius. — Verba relata boc maxime operantur per referentiam, nt in eis inesse videntur. 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.] Co. Litt. 9b, 359a. Words to which reference is made in an instrument have the same effect and operation as if they were inserted in the clauses referring to them. Broom, Max. 673. — Verba secundum materiam subjectam intelligi nemo est qui nesciat. There is no one who does not know that words are to be understood acoording to their subject-matter. Calvin.

— Verba semper accipienda snnt in mitiori sensn. Words are always to be taken in the milder sense. 4 Coke, 13a. — Verba strictae significationis ad latam extendi possnnt, si snbsit ratio. Words of a strict or narrow signification may be extended to a broad meaning, if there be ground in reason for it. A maxim of the civilians. Calvin.

— Verba snnt indices animi. Words are the indices or indicators of the mind or thought. Latch, 106.

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

See Verbum.

I. Words, language. Verba accipienda sunt, worda are to be taken, secundum subjectam materiam, according to the subject matter; ut sortientur e Sectum, so that they may take effect. Verba artis ex arte: technical words in their technical sense. Verba chartarum fortius accipiuntur contra proferentem: the words of a deed are taken the more strongly against him who sets it up. Verba generalia, general words, generaliter sunt intelligenda, are to be understood generally; restringuntur ad habilitatem rei vel personam, are limited according to the person or the capabilities of the thing. Verba intentioni, et non e contra, debent inservire: words ought to carry out the intention, and not run counter to it. Verba illata inesse videntur: words imported [into an instrument] by a reference are deemed to be included [in the instrument]. Verba ita sunt intelligenda: words are to be so understood; v. Ut res, etc. Verba relata, etc.; T. Ferba illata, etc. Verba precaria: precatory words, words of j-equest or trust.

Words; language. Several Latin maxims begin with this word. Those we give relate chiefly to the construction of written instruments. Verba aocipienda sunt secundum subjectam materiam. Words are to be taken according to the subject matter. Verba aliquid operari debent. given should not be rejected. "A rule, in mixed interpretation, is to give all doubtful words or expressions that sense which makes them produce some effect. This effect must, in general, be a reasonable one; aud it must likewise be the same that the law-maker or the testator or the contractor intended to produce." 2 Ruth. Inst. 325. Verba artis ex arte. Words of art from the art. The sense of a technical term is to be learned from its accepta^ tion in the art to which it pertains. Verba chartarum fortius accipiuntur contra proferentem. The words of writings are to be taken most strongly against the offering party. Because the author or subscriber of an instrument has full opportunity to frame his language in it according to his true intention and so as to protect his rights, while the party receiving it has but limited means of controlling its phraseology, one established principle of construction is that doubtful language is to be resolved against the one making use of it, aud in favor of the one to whom it is given. But the application of the principle is subject to important limitations; and it is not applicable to all instruments alike. See Trayn. Max.; Whart. Max. Another form, broader and more liable to doubt, exception, or limitation, is: verba fortius accipiuntur contra proferentem. Words are taken most strongly against the offering party. This form purports to extend the principle to all language; while the other confines it to documents, and, if chartarum is taken in a strict sense, to instruments of the more solemn kind. The governing principle under this maxim, in regard to contracts, as against the party making them, seems to be, that he who makes an instrument should take care so to express his own liability as not to bind himself bej'ond his intention; and that the party who receives an instrument shall have a construction put upon it in his favor, because the words of the instrument are not his, but those of the other party. A distinction is suggested between an ordinary contract and a guaranty, the latter beuig, not a contract by the party for payment of his own debt, or on his own behalf, but for the debt and on behalf of a tliird person; in which case the duty is on the party taking the guaranty to see that it is so exdeed-poll and an indenture, the former being executed by the grantor alone, and the words used his only; the latter, by both parties, and the words the words of both. t Vhart. Max. Verba cum effectu accipienda. Words are to be taken effectively. In construing deeds, contracts, or writings, the words used are to be read in such a manner as is consistent with giving them some effect; they are supposed to mean something and to have some effect, from the fact of their having been used. If two interpretations or constructions of the words are possible, that one is preferred which will enable the words to be read as meaning something, rather than that which would make them useless or insensible. Trayn. Max. 609. Verba generalia geueraliter sunt intelligenda. General terms are to be construed generally. Verba generalia restringitur ad habilitatem rei vel personse. General words are restricted according to the subject or person. General language is to be understood with reference to the particular subject-matter. A bond upon condition is a forcible illustration of the maxim, the bond itself being absolute, controlled, however, by the condition. As, where a bond was given to an employer, conditioned for the due accounting by a clerk, with a recital that he was engaged at a salary of ilOO a year, the salary being subsequently changed to a payment by commission, it was held that the recital controlled the condition, and that the obligor was discharged by the change of mode of remuneration. Whart. Max. Verba illata in esse videntur. Words referred to are considered as incorporated. Verba intention! debent inservire. Words ought to subserve intention. The intentioil of parties to instruments will prevail in construction, against the literal meaning of the language. The application of this principle varies with the differing character of various instruments. In dealing with ordinary simple agreements, and still more when wills are in question, the rule is carried very far; the intention of the writer, if honest and lawful, is the chief guide. When specialties or negotiable instruments are under examination, there is greater reason for adhering to the settled technical construction of words, and this often prevails over the still further qualification of the doctrine is obsei-ved. The nature of the suit and limits of the jurisdiction have an important influence in determining the effect of language of a court; while constitutional rules and usages of legislation will often override the intent of the legislator, as indicated in a statute. Verba ita sunt intelligenda, ut res magis valeat qnam pereat. Words are to be so construed that the affair may prevail rather than fail. The language of an instrument is to be so construed that the transaction may succeed, may have effect and operation, rather than so that it shall be nullified. This rule runs, as it were, counter to the preceding; each of the two limits the application of the other. A striking instance of disregarding the undoubted intention of the writer, in order to give effect to his instrument, is that of Russel V. Lanstaffe, 1 Fish. Dig. 1141; Bayl. Bills, 6, in which defendant gave a written acknowledgment of money borrowed, in these words: "Borrowed of J. S., 101., which I promise not to pay." The intent doubtless was to palm off an instrument which could not be enforced; but the court, considering that the instrument, as expressed, was wholly nugatory, and that it ought to be construed so as to have some sort of effect or operation, if possible, adjudged that the word not might be stricken out as surplusage, thus leaving a valid note. Similarly in Allan v. Mawson, 4 Campb. 115, where a bill of exchange was sued, which read, instead of "to Sir J. P." (the drawee), "at Sir J. P.;" but the " at " was in vei-y small letters, hidden in the hook of the S of the " Sir," the judge left it to the jury to say whether this was done to deceive purchasers of the bill; if so, the "at" might be rejected and the bill enforced as an ordinary bill of exchange. In other words, the. court, in both cases, construed the instrument directly contrary to what the writer intended, on the principle that it must be treated so as to make it operative rather than nugatory. Verba relata hoc mazime operantur per refereutiam, ut in eis iuesse This rule applies as well to oases vphere a particular clause in an instrument refers to another clause in the same Instrument, as to parcels, schedules, plans, &c., as it does to cases where reference is made in the instrument to some deed, plan, schedule, index, will, &c., altogether disconnected from the instrument in which the reference thereto is made. The following examples will show the meaning of the maxim: A deed referring to furniture, fixtures, machinery, &c., in a schedule, being a totally distinct document, or to trusts declared in another deed; a deed whereof one clause, for brevity, refers to another clause with a mutatis mvtandis; and affidavits referring to a deed or other document, — are all within the rule. Whan. Max. Verba sunt semper accipieuda in mitioii sensu. Numerous early decisions are to the ef Eect that, in slander suits, the words are not actionable if they will bear an innocent construction. Later cases have said that this rule is exploded. Mr. Townshend considers that the supposed change is only a rule of construction of the declaration.