DEMONSTRATION (Lat. demonstrare, to point out). Whatever is said or written to designate a thing or person.
Several descriptions may be employed to denote the same person or object ; and the rule of law in such cases is that if one of the descriptions be erroneous it may be rejected, if, after it is expunged, enough will remain to identify the person or thing intended. For falsa demonstratio non nocet. The meaning of this rule is, that if there be an adequate description with convenient certainty of what was contemplated, a subsequent erroneous addition will not vitiate it. The complement of this maxim is, non accipi debent verba in demonstrationem falsam quo competent in li mitationem veram ; which means that if it stand doubtful upon the words whether they import a false reference or demonstration, or whether they be words of restraint that limit the generality of the former words, the law will never intend error or falsehood. If,
therefore, there is some object wherein all the demonstrations are true, and some wherein part are true and part false, they shall be in tended words of true limitation to ascertain that person or thing wherein all the circum stances are true. 4 Exch. 604, per Alderson, B.; 8 Bingh. 244 ; Broom, Leg. Max. 490; Plowd. 191; 7 Cush. Mass. 460.
The rule that faint demonstratio does not vitiate an otherwise good description applies to every kind of statement of fact. Some of the particulars in an averment in a declara tion may be rejected if the declaration is sen sible without them and by their presence is made insensible or defective. Yelv. 182.
In Evidence. That proof which excludes all possibility of error.