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Definition

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DEFINITION. An enumeration of the principal ideas of which a compound idea is formed, to ascertain and explain its nature; that which denotes and points out the sub stance of a thing. Ayliffe, Pand. 59.

Definitions are always dangerous, because it is always difficult to prevent their being inaccurate, or their becoming so: omnis deft nitio in jure civili periculosa est, parum est cairn ut non subverti possit.

All ideas are not susceptible of definition, and many legal terms cannot be defined. This inability is frequently supplied, in a considerable degree, by descriptions.

It has been said that a definition is the most difficult of all things. There is far greater probability of a correct use of terms than of a correct definition of them ; a cor rect use renders definition unnecessary. 20 Sol. Journ. 869, quoted in Thayer, Evid. 190, with a comment that legal scholarship will be best used to clarify and restate the law. The meaning of ordinary words, when used in acts of parliament, is to be found, not so much in a strict etymological proprie tY of language, nor even in popular use, as in the subject or occasion on which they are used, and the object which is intended to be attained; L. R. 1 Ex. D. 143; for words used

with reference to one set of circumstances may convey an intention quite different from what the selfsame set ..of words used in ref erence to another set of circumstances would or might have produced; L. R. 3 App. Cas. 69.

"A general dictionary of the English lan guage is not authority to show, on a trial, the meaning of a word which is relied on as deriving a peculiar meaning from mercantile usage;" 7 C. & P. 701; approved in L. IL 6 Exch. 179, 184.

The definitions of the standard lexicog raphers are authority as indicating the popular use of words; Burnam v. Banks, 45 Mo. 351. Regard must always be had to the circumstances under which a word is used in a statute; Pennsylvania R. Co. v. Price, 96 Pa. 267. Where inconsistent with code statutes, a definition is modified ; Ellis v. Prevost, 13 La. 230. Legal definitions for the most part are generalizations derived from judicial experience. To be complete and adequate- they must sum up the results of all that experience; Mickle v. Miles, 31 Pa. 21.