Page:United States Statutes at Large Volume 47 Part 1.djvu/1121

 72d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . 1097 admissible that they have a local, technical, or otherwise peculiar woas hnical, eto ., signification, and were so used and understood in the particular instance, in which case the agreement must be construed accordingly. SEC. 1062. WRI'rl'EN WORDS CONTROL THOSE PR IN TED IN A BLANK Written wo rds to FORM .-WWThen an instrument consists partly of written words and $Overn print. partly of a printed form, and the two are inconsistent, the former controls t he latter. SEC. 1063. PERSONS SKILLED MAY TESTIFY, TO DECIPHER CHARAC- Translators, etc. TERs.-When the characters in which an instrument is written are difficult to be deciphered, or the language of the instrument is not understood by the cou rt, the evidence of persons skilled in d ecipher- ing the characters, or who understand the language, is admissible to declare the characters or the meaning of the language. SEC. 1064. OF TWO CONSTRUCTIONS, WHICH PREFERRED .-When the Pr eferen ce in con. terms of an agreement have been intended in a different sense by struction. the different parties to it, that sense is to prevail against either party in which lie supposed the other understood it, and when different constructions of a pr ovision are otherwis e equally proper, th at is to be taken which is most favorable to the party in whose favor the provision was made. SEC. 1065. A WRITTEN INSTRUMENT CONSTRUED AS UNDERSTOOD BY parties. by PARTIES.-A written notice, as well as every other writing, is to be construed according to the ordinary acceptation of its terms. Th us a notice to the drawers or indorsers of a bill of exchange or prom- issory note, that it has been protested for want of acceptance or payment, must be held to import that the same has been duly pre- sented for acceptance or payment and the same refused, and that the holder looks for payment to the person to whom the notice is given. SEC. 1066 . CONSTRUCTION IN FAVOR OF NATURAL RIGHT PREFERRED .- Int favor of natural When a statute or instrument is equally susceptible of two inter- pretations, one in favor of natural right, and the other against it, the former is to be adopted. Mater .al allegation, SEC. 1067. MATERIAL ALLEGATION ONLY TO BE PROVED .-None but only, to be proved. a material allegation need be proved. Evidence confined SEC. 1068. EVIDENCE CONFINED TO MATERIAL ALLEGATION .-Evi- to . dence must correspond with the substance of the material allega- tions and be relevant to the question in dispute. Collateral questions must therefore be a v oi d e d. It is, however, within the discretion of the court to permit inquiry into collateral fact, when such fact is directly connected with the question in dispute, and is essential to its proper determination or when it affects the credibility of a witness. SEC. 1069. AFFIRMATIVE ONLY TO BE PROVED .-Each party must prove ttoA nmrmative allega- his own affirmative allegations. Evidence need not be given in sup- port of a negative allegation, except when such negative allegation is an essential part of the statement of the right or title on which the cause of action or de fense is founded, no r even in such case when the allegation is a denia l of the existence o f a document, the cu stody of which belongs to the opposite party. SEC. 1070 . FACTS WHICH MAY BE PROVED ON TRIAL .-In conformity trial. provable on with the preceding provisions, evidence may be given upon a trial of the following facts 1 . The precise fact in dispute ; Fact in dispute 2. The act, declaration, or omission of a party, as evidence against i nte rest . te .ns ag ainst such party ; 3 . An act or de claration of another, in the presence an d within the presence, etcIIo other rty observation of a party, and his conduct in relation thereto ;