A Selection of Legal Maxims
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626 ascertained, is as fixed and certain as if specified by Act of Parlia- ment.^ Where it was awarded that the costs of certain actions should be paid by the plaintiff and defendant in specified proportions, the award was held to be sufiiciently certain, since it would become so upon taxation of costs by the proper ofiicer.^ * Utile per inutile non vitiatur. [*627] (3 Rep. 10.) Surplusage does not vitiate that which in other respects is good and valid.
It is rule of extensive application with ...reference to the construc- tion of written instruments, and in the science of pleading, that matter which is mere surplusage may be rejected, and does not vitiate the instrument or pleading in which it is found — Surplus- agium non nocet^ is the maxim of our law.
Accordingly, where words of known signification are so placed in the context of a deed that they make it repugnant and senseless, they are to be rejected equally with words of no known significa- 1 Per Lord EUenborough, C. J., Palmer v.
What to read after A Selection of Legal Maxims?
You can find similar books in the "Read Also" column, or choose other free books by Herbert Broom to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
626 ascertained, is as fixed and certain as if specified by Act of Parlia- ment.^ Where it was awarded that the costs of certain actions should be paid by the plaintiff and defendant in specified proportions, the award was held to be sufiiciently certain, since it would become so upon taxation of costs by the proper ofiicer.^ * Utile per inutile non vitiatur. [*627] (3 Rep. 10.) Surplusage does not vitiate that which in other respects is good and valid.
It is rule of extensive application with ...reference to the construc- tion of written instruments, and in the science of pleading, that matter which is mere surplusage may be rejected, and does not vitiate the instrument or pleading in which it is found — Surplus- agium non nocet^ is the maxim of our law.
Accordingly, where words of known signification are so placed in the context of a deed that they make it repugnant and senseless, they are to be rejected equally with words of no known significa- 1 Per Lord EUenborough, C. J., Palmer v.
What to read after A Selection of Legal Maxims?
You can find similar books in the "Read Also" column, or choose other free books by Herbert Broom to read onlineMoreLess
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