(677) Pol. Hermen.) The word is used interhave a reasonable construction according changeably with "construction" (q. v.), to the intent of the parties; (2) the conbut there would seem to be this distinction, struction shall be liberal and favorable, that "interpretation" is the ascertainment ut res magis valeat quam pereat; (3) the of what the writer intended, while "conpopular meaning of the word is to be struction" includes also the settlement of adopted until proof of a preciser technical the legal force and effect of the writing. or acquired meaning; (4) every word is Parsons, in his work on contracts, says, to be regarded in the light of its context, that interpretation properly precedes conex antecedentibus et consequentibus optima fit struction, but does not go beyond the interpretatio; (5) an erroneous particularwritten text. (Vol. 2 p. 491 n. (a.)) The ization does not affect a precedent generfollowing rules of interpretation are gen-ality that is true (falsa demonstratio non erally recognized. nocet, cum de corpore constat); and vice versa, 2. Wills.-(1) A testator is always a subsequent generality shall be confined presumed to use words according to their by the precedent particularization (this is strict and primary acceptation, until from called the construction ejusdem generis). the context of the will it appears that he (6) custom shall control a contract, unless has used them in a different sense. (2) the contract exclude the custom; (7) the Where there is nothing in the context of words of a deed are to be construed most a will showing that the testator has used strongly against the grantor (verba carwords in other than their strict and pritarum fortius accipiuntur contra profermary acceptation, and his words when so entem); but this rule is only to be relied interpreted are sensible with reference to upon when other rules of construction fail extrinsic circumstances, then the words (Lindus v. Melrose, 3 H. & N. 177); (8) are to be interpreted in their strict and every contract binds the executor or adprimary sense and in no other, notwithministrator of the party, although he be standing the strongest presumption to the not named, but to bind the heir he must contrary. (3) But where the testator's be particularly mentioned; (9) parol eviwords when so interpreted are insensible dence may, in certain cases, be admitted with reference to extrinsic circumstances, then the extrinsic circumstances may be looked into for the purpose of arriving at some secondary or popular sense which shall be sensible with reference to these circumstances. (4) Where the written characters of the will are difficult to decipher, or the words of the will are in an unknown or unusual language, the evidence of persons experienced in deciphering written characters, or acquainted with the language, is admissible for the purpose of informing the court or judge. (5) Extrinsic evidence is also admissible for the purpose of identifying the object of the testator's bounty (whether devisee or legatee), and for the purpose also of idenmeaning of certain words occurring fretifying the subject of disposition. (6) Where the words of a will remain unintelligible after the application of the five preceding rules, the will is void for uncertainty. in connection with written agreements; (10) in interpreting statutes, the ratio legis is not to be considered, if the words of the statute in themselves are clear, and these words (being clear) are neither to be extended beyond nor restricted within their simple extent, but if the words are not in themselves clear, then the ratio legis may (among other things) be considered, and (11) in interpreting decided cases, the ratio decidendi is to be gathered, and when once gathered it is the only permanently valuable part of the decision. §3. Other writings.-With reference to other instruments. The principal rules regarding the interpretation of these are the following: (1) The agreement shall -The time during which a throne is vacant in elective kingdoms; for in such as are hereditary, as in