WORD - One or more syllables which
when united convey an idea a single part of speech.
Words are to be understood in a proper or figurative
sense, and they are used both ways in law. They are
also used in a technical sense. It is a general rule
that contracts and wills shall be construed as the
parties understood them; every person, however, is
presumed to understand the force of the words be uses,
and therefore technical words must be taken according
to their legal import, even iii wills, unlesh the
testator manifests a clear intention to the contrary.
Every one is required to use words in the sense they
are generally understood, for, as speech has been
given to man to be a sign of his thoughts, for the
purpose of communicating them to others, he is bound
in treating with them, to use such words or signs
in the sense sanctioned by usage, that is, in the
sense in which they themselves understand them, or
else he deceives them. Heinnec.
Formerly, indeed, in cases of slander, the defamatory
words received the mildest interpretation of which
they were susceptible, and some ludicrous decisions
were the consequence. It was gravely decided, that
to say of a merchant, "he is a base broken rascal,
has broken twice, and I will make him break a third
time," that no action could be maintained, because
it might be intended that he had a hernia. But now
they are understood in their usual signification.
