Verbum.L

What is spoken; a word. Verba. Words, language, discourse. Ex visceribus verborum. From the bowels of the words: from the vital part of the language. 5 In hsec verba, and in Mis verbis. In these words. In totidem verbis, or totidem verbis. In the very same words. ■

— Ni ■ 1 1 Bl. Com. 130; 33 Me. 48; 9 Mete. 863; 22 N. J. L. 57; 91 U. S. 638. 2 See Doe v. Keen, 7 T. E. 386 (1797). 8 F. venue, a coming, place of arrival. ' 3 Bl, Com, 383. ' Mc Kenna v. Fisk. 1 How. 248 (1843), cases. " Bean v. Ayers, 67 Me. 486-87 (1878), cases. 'Territory v. Egan, 3 Dak. 125 (1882); People «. Ipsissimis verbis. In the very words themselves. Nudis verbis. In the naked words. In the iilentical language; word for word; Verbatim. Where an offense consists of words spoken or written, "the very words" used must be set forth in charging the offense, the substance of the language not then being sufficient. An exception to this rule obtains when the matter is too indecent to be spread upon the records. * Verba de fut Tiro, and de praesenti. See Marriage, 1. Verba debeut intelligi cum effect. Words are to be understood effectively.^ See Ees, Ut res, etc. Verba fortius aeeipiuntur contra proferentem. Words the more strongly are taken against him offering them. Frequently, vei'ba chartarum fortius accipiuntur contra proferentem: the language of instruments is to be construed against the person who proposes it, rather than against the person who is invited to accept it. Does not apply to wills, nor to legislative documents, nor as against the state, nor where a third person would be made to suffer, but is applied to pleadings. = Applies to a contract limiting the liability of a common.carrier;* and perhaps, also, to questions, with their answers, propounded by a life insm-ance company.' Self-preservation makes men careful not to prejudice their owti interests by a too extensive meaning of words. The maxim tends to prevent deception: some would affect ambiguous and intricate expressions, if at liberty afterward to put their own construction upon them. But the rule, being one of strictness and' rigor, is the last to be resorted to.' Verba illata (or relata) inesse videntur. Words referred to are viewed as incorporated. A writing to which reference is made becomes thereby a part of the later instrument — contract, deeS, will, statute, pleading. Reference in a policy of insurance to the application incorporates the application as part of the policy.' An answer to a letter cannot be put in evidence •without also admitting the first letter, unless the an- 1 United States v. Noelke, 17 Blatch. 560-61 (1880), cases; United States v. Bennett, 16 id. 343-50 (1879), » 3 Bl. Com. 380; 8 Johns. Cas. 97, 101. " Broom, Max. 694; Wharf Max. 4 2 Pars. Contr. 241. • 2 Pars. Contr. 357, 465; 30 F. B. 911. » 2 Bl. Com. 880, 121, 347; 2 Pars. Contr. 506, cases. swer contains statements which cannot be misunderstood when read alone." A mortgage and the note it secures, by identifying Avords, become virtually one instrument.* If an agreement, required by the Statute of Frauds, is not signed, but a letter, acknowledging the agreement, is signed, this will satisfy the statute. ^ Matter stated in one. count may, by reference, without re-statement at length, be made part of another count. A deed or plan directly referred to in another deed becomes thereby part of the latter. Where a map or plan of a tract of land is referred to in a deed containing a description of one of the lots, such map or plan is regarded as giving the true description, as if it were recited in the deed.* Verba intentione debent inservire. Words ought to subserve the intention. Expresses the better rule of construction for a statute, when it can be acted upon -without doing violence to language or wresting it from a fair application to the subject-matter.^