TRANSLATION. The reproduction in one language of what has been written or spoken in another.
In pleading, when a libel or an agreement written in a foreign language must be aver red, it is necessary that a translation of it should also be given.
"Making a translation [of a contract in a foreign language] is not a mere question of trying to find out in a dictionary the words which are given• as the equivalent of the words of the document ; a true trans lation is the putting into English that which is the exact effect of the words used under the circumstances. To get at this in the pres ent case you must get the words in English which in business have the equivalent mean ing of the words in Brazilian, as used in Brazil, under the circumstances. Therefore you want a competent translator, competent to translate in that way, and if the words in Brazil had in business a particular meaning different from their ordinary meaning, you would want an expert to say what was that meaning. Amongst those experts you might want a Brazilian lawyer—and a Brazilian lawyer for that purpose would be an expert."
[1891] 1 Q. B. 82, per Lord Esher, M. R.
In evidence, when a witness is unable to speak the English language so as to con vey his ideas, a translation of his testimony must be made. In that case an interpreter should be sworn to translate to him, on oath, the questions propounded to him, and to translate to the court and jury.
See INTERPRETER.
The bestowing of a legacy which had been given to one, on another: this is a species of ademption; but it differs from it in this, that there may be an ademption without a translation, but there can be no translation without an ademption. Bacon, Abr. Lega cies (C).
The transfer of property ; but in this sense it is seldom used. 2 Bla. Com. 294.
In Ecclesiastical Law. The removal from one place to another; as, the bishop was translated from the diocese of A to that of B.
In the Civil Law. The transfer of proper ty. Clef des Lois Rom.