Thus, if in a lease, words of exception be used ambiguously, the same being words of the lessor, are construed most strongly as against him. (See Chitty on Contracts, 16th ed. p. 113; also Max. No. 272.)
* 19. Ambiguitas verborum latens verificatione suppletur; nam quod ex facto oritur ambiguum verificatione facti tollitur. A hidden ambiguity of the words may be interpreted by evidence; for an ambiguity which arises from an extrinsic fact may be removed by proof of such fact.
(See Max. No. 20.)
* 20. Ambiguitas verborum patens nullâ verificatione excluditur. A patent ambiguity of the words cannot be removed by extrinsic evidence.
The last two maxims are most important in the construction of contracts. Thus upon a devise, “to one of the sons of J. S.,” who has several sons, parol evidence would not be admissible to ascertain which son in particular was referred to. (Max. No. 19.) But where there is a devise of “the Manor of A.,” the testator having two estates of that description, this being a latent ambiguity, parol evidence is admissible to explain which was meant.
21. Amicus curie. A friend to the Court, i.e., one who advises disinterestedly and spontaneously.
22. Aqua cedit solo. Water passes with the soil.
From a legal point of view, water is land covered by water, and an action cannot be brought to recover possession of a pool, &c., by the name of water only, but as so much land covered by water. Water, being a movable thing, must continue common, and its ownership therefore goes with the land below.
Where a river divides the property of two different persons, the bed of the river is equally divided between them; and, according to Bracton, if an island rise in midstream, it belongs in common to those possessing land on each side thereof, but if it be nearer to one bank than the other, it belongs to the proprietor of the nearer shore. (See Steph. Comm. Vol. I. 15th ed. Cap. 1.)
23. Aqua currit et debet currere. Water flows and should be allowed to flow.