Page:United States Statutes at Large Volume 47 Part 1.djvu/1120

 1096 Abstract of title. (b) any abstract of title, or of any instrument affecting title, made, issued and certified as correct by any person, firm, or corporation engag ed in the business o f insuring titles or issuing a bstracts o f title, to real est ate whether the same was made, issued, o r certified before or after such loss or destruction and whether the same was made from the original records or from abstracts and notes, or either, taken from such records in the preparation and upkeeping of its, or his, plant in the ordinary course of its business, the same may, with- Proof out further proof, be admitted in evidence for the purpose aforesaid. of loss . No proof of the loss of the original document or instrument shall be required other than the fact that the same is not known to the party desiring to prove its contents to be in existence Pr ovid ed, ne v er th el e ss, That any party so desiring to use said evidence shall give reasonable notice in writing to all other parties to the action who have appeared therein, of his intention to use the same at the trial of said action, and shall give all such other parties a reasonable opportunity to inspect the same, and also the abstracts, memoranda, or notes from which it was compiled, and to take copies thereof. SEC. 1056. AN AGREEMENT REDUCED TO WRITING DEEMED THE WHOLE.-When the te rms of an agreement ha ve be en re duc ed to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terns Exc ept ion s. of the agreement other than the contents of the writing, except in the following cases 1 . Where a mistake or imperfection of the writing is put in issue by the pleadings ; 2 . Where the validity of the agreement is the fact in dispute. Attendant circum- But t his sect ion does not excl ude othe r evi denc e of the cir cum- stances,ambiguity,etc . stances under which the agreement was made or to which it relates, as defined in section 1060, or to explain an extrinsic ambiguity, or to establish illegal ity or fraud. The term agreement includes deeds and wills, as well as contracts between parties. Construction of lan- SEC. 1057 . CONSTRUCTION OF LANGUAGE RELATES TO PLACE WHERE guage. USED .-The language of a writing is to be interpreted according to the meaning it bears in the place of its execution, unless the parties have reference to a different place. Of statutes and in- SEC. 1058 .-CONSTRUCTION OF S TATUTE S AND INST RUMENT S, GE NERAL struments. RULE.-In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted ; and where there are several pro- visions or particulars, such a construction is, if possible, to be adopted as will give effect to all. Int ent ion of legis la- SEC. 1059. THE INTENTION OF THE LEGISLATURE OR PARTIES .-In the ture or parties to govern. construction of a statute the intention of the legislature, and in the construction of the i nstrument the intent ion of the parties, is to be pursued, if possible ; and when a general and a particular provision are inconsistent, the latter is paramount to the former. So a par- ticular in tent will control a general on e that is inconsiste nt with it. Attendant circum- SEC. 1060 . THE CIRCUMSTANCES TO BE CONSIDERED.-For the proper stances. construction of an instrument, the circumstances under which it was made, including the situation of the subject of the instrument, and of the parties to it, inay also be shown, so that the judge b e placed in the position of th ose whose language h e is to interpret. Terms to be con- SEC. 1061. TERM S TO BE CONSTRUED IN THEIR GENERAL ACCEPTA- strued generally. TION .-The terms of a writ ing a re pre sumed to have been used in their primary and- general acceptation, but evidence is nevertheless Proviso. Notice to adverse party. Written instrument incontrovertible by parole. 72d C ONGRESS. SESS. II. CH. 127. FE BRUARY 27, 1933.