Page:United States Statutes at Large Volume 76A.djvu/497

–401– -401§ 3058. Same; intent; general and particular provisions In the construction of a statute the intention of the legislature, and in the construction of an instrument the intention of the parties, is to be pursued, if possible. When a general and a particular provision are inconsistent, the latter is paramount to the former. A particular intent will control a general one that is inconsistent with it. § 3059. Construction of instruments; circumstances For the proper 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, may also be shown, so that the judge be placed in the position of those whose language he is to interpret. § 3060. Terms of writing; general acceptation; local or technical meaning The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is nevertheless admissible that they have a local, technical, or otherwise peculiar signification, and were so used and understood in the particular instance, in which case the agreement shall be construed accordingly. § 3061. Written words on printed form When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls the latter. § 3062. Expert testimony in interpretation of instruments 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 court, the evidence oi persons skilled in deciphering the characters, or who understand the language, is admissible to declare the characters or the meaning of the language. § 3063. Preference between two constructions of agreement When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it, and when different constructions of a provision are otherwise equally proper, that is to be taken which is most favorable to the party in whose favor the provision was made. § 3064. Notice or writing construed according to ordinary acceptation; notice of protest of bill or note A written notice, as well as every other writing, is to be construed according to the ordinary acceptation of its terms. Thus a notice to the drawers or indorsers of a bill of exchange or promissory note, that it has been protested for want of acceptance or payment, shall be held to import that the same has been duly presented for acceptance or payment and the same refused, and that the holder looks for payment to the person to whom the notice is given. § 3065. Construction of statutes or instruments in favor of natural right When a statute or instrument is equally susceptible of two interpretations, one in favor of natural right, and the other against it, the former is to be adopted. § 3066. Usage, evidence as to Evidence of usage may be given upon the trial to explain the true character of an act, contract, or instrument, where the true character is not otherwise plain; but usage is never admissible except as an instrument of int^pretation.

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