* 274. 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 capability of the person.
Such words must be understood with reference to the estate which is in the grantor at the time of the grant. Thus a bill of sale which purported to assign to R. “all the household goods and furniture of every kind and description in a certain house, and more particularly mentioned and set forth in an inventory or schedule of even date therewith,” was held to apply only to the goods specified in the inventory which did not comprise all the goods in the house. In construing a statute general words must not be extended unduly. (See Chitty on Contracts, 16th ed. p. 102, and Max. No. 88.)
* 275. Verba intentioni debent inservire. Words ought to be made subservient to the intention—i.e., should be construed so as to give effect to the intention—“ut res magis valeat quam pereat.”
(Roe v. Tranmarr, 2 Sm. L. C. 506.) The rule laid down in this maxim is one of the first and most important in the construction of contracts, so that they may be enforced according to the sense in which the parties mutually intended. Words and expressions are to be understood in their plain, ordinary, and popular sense, unless they may by custom of trade or the like have acquired a peculiar or technical sense and meaning. The “golden rule” as regards Acts of Parliament is that the words must be construed in their plain and grammatical sense and as mentioned in the preceding paragraph. (See Chitty on Contracts, 16th ed. p. 95, and Maxs. Nos. 26, 39, 122, and 273.)
276. Verba relata in esse videntur. Words referred to are deemed to be incorporated.
Where a father infeoff his son, to have and to hold to him and his heirs, and the son then infeoff his father, purporting to do so only as fully as his father infeoffed him, by this, the father has a fee simple. On this same principle, existing but unattested papers, or documents, may be incorporated in a will, if referred to in such a way as to render their identity indisputable.
277. Veritas nominis tollit errorem demonstrationis. Correctness in the name removes an error of demonstration.
In the construction of wills, this rule has frequently been acted on, but it must be first shown that there is an error of demonstration; until when the above maxim has, of course, no application. (See Drake v. Drake, 8 House of Lords Cases, 172; also 2 Smith, L. C. p. 515.)
278. Vetustas pro lege semper habetur. An old custom is ever regarded as law.
279. Via trita est tutissima. The beaten track is the safest.