GOVERNMENT AND LAW. 



Construction. The following rules are ob- 

 served in the interpretation of contracts : 



1. INTENTION. The first care is to give 

 effect to the intention of the parties so far as the 

 intention was mutual and legal. 



2. MEANING OF TERMS. The terms of a 

 contract are to be interpreted according to their 

 usual meaning, if that seems to satisfy the in- 

 tention of the parties. Technical words are 

 interpreted according to their use in the pro- 

 fession, or the trade to which they belong. 



Interpretation. Certain contracts are ex- 

 pounded according to the usage or custom of 

 trade when needed to explain the meaning of 

 peculiar terms. The law of place would also 

 enter as a factor ; if the custom of the place 

 where the contract was made differed from 

 other places, that would give a different mean- 

 ing to its terms. 



The interpretation is made upon the whole 

 contract and not upon its parts. The object of 

 the parties is to be gathered from the whole in- 

 strument, and one clause will be interpreted by 

 another. 



Wherever one portion cannot be reconciled 

 with the obvious intention of the parties, it 

 will be expunged. " Effect will be given to 

 the whole intention." 



Forms of Contracts. A General Re- 

 lease. 



Know all men by these presents : That I, 



A. B., of in consideration of , 



and other good and valuable considerations to 



me in hand paid by A. C., of , have 



remised, released and forever discharged, and 

 t>y these presents do, for me, my heirs, execu- 

 tors and administrators, remise, release, and 

 forever discharge said A. C., his heirs, execu- 

 tors, and administrators, of and from all and 

 all manner of actions, suits, debts, dues, sums 

 of money, accounts, reckonings, bonds, bills, 

 specialties, covenants, contracts, controversies, 

 agreements, promises, variances, damages, 

 judgments, executions, claims and demands 

 "whatsoever, in law or equity, which against 

 the said A. B. I ever had, now have, or which 

 I, my heirs, my executors and administrators 

 hereafter can, shall, or may have, for, upon or 

 by reason of any matter, cause or thing what- 

 soever (or by reason of ) , from the be- 

 ginning of the world to the day of the date of 

 these presents. 



In witness whereof, I have hereunto set my 



hand and seal, this day of 



A.D. 189 .. 



(Signed) A. B. [L. s.] 



Signed and delivered in the presence of 



D. E. 



Memorandum of Sale. It is agreed by and 

 between A. B. and B. E., of, etc., that said 



A. B., in consideration of two hundred bushels 

 of wheat, sold to him this day by the said B. 

 E., free of all charges or expenses, whatsoever, 



at , on or before , shall and 



will pay or cause to be paid to the said B. 

 E., or his assigns, upon such delivery, the sum 

 of dollars. 



And the said B. E., in consideration of the 

 agreement aforesaid of the said A. B., doth 

 promise and agree, on or before the said . . . . , 

 at his own expense, to send in and deliver to 

 the said A. B., or his assigns, the said two 

 hundred bushels of wheat so sold to him as 

 aforesaid, and the said B. E. shall and will 

 warrant the same to be good, clean, and mer- 

 chantable grain. 



In witness whereof, the said parties have 

 hereunto set their hands the day and year first 

 above written. 



A. B. 



In presence of B. E. 



C. D. 



Lease of House. I, of , 



hereby lease to of , for the 



term of , to commence on 



the dwelling house (describe it) with its ap- 

 purtenances, for the yearly rent of , 



to be paid 



Said , agrees to pay said , 



said rents at the times above specified and to 

 surrender the premises at the expiration of the 

 term, in as good condition as reasonable use 

 will allow, fire and unavoidable accidents ex- 

 cepted. 



In witness whereof, the said parties have 



hereunto set their hands this of 



....... A. D. 189 .. 



(Signed) . 



(Signed) , 



General Form of Contract. Memorandum of 



an agreement made this day of , 



in the year 189 . . , between A. B., of , 



as first party, and B. C., of , as 



second party, 



Witnesseth : That the said first party here- 

 by agrees to, etc., (Here insert first 



party's obligations.) 



In consideration of the above being faith- 

 fully kept and performed by the said first 

 party, the said second party, etc. (Here insert 

 second party's obligations.) 



In witness whereof, we have hereunto set 

 our hands and seals the day and year first 

 above written. 



A. B. 



In the presence of B. C. 



C. D. 



A seal on an instrument is usually conclu- 

 sive proof that it was given for a consideration,, 



