Legal Term Dictionary

To build; erect; put together; make ready for use. Morse v. West-Port, 110 Mo. 502, 19 S. W. 831; Contas v. Bradford, 206 Pa. 291, 55 Atl. 989. Construotio legis non faoit injuriam. The construction of the law (a construction made by the law) works no Injury. Co. Litt 183; More...

To build; erect; put together; make ready for use. Morse v. West-Port, 110 Mo. 502, 19 S. W. 831; Contas v. Bradford, 206 Pa. 291, 55 Atl. 989. Construotio legis non faoit injuriam. The construction of the law (a construction made by the law) works no Injury. Co. Litt 183; Broom, Max. 603. The law will make such a construction of an instrument as not to Injure a party. Less...

The process, or the art of determining the sense, real meaning, or proper explanation of obscure or ambiguous terms or provisions in a statute, written instrument, or oral agreement, or the application of such subject to the case in question, by reasoning In the light derived from extraneous connected circumstances More...

The process, or the art of determining the sense, real meaning, or proper explanation of obscure or ambiguous terms or provisions in a statute, written instrument, or oral agreement, or the application of such subject to the case in question, by reasoning In the light derived from extraneous connected circumstances or laws or writings bearing upon the same or a connected matter, or by seeking and applying the probable aim and purpose of the provision. It is to be noted that this term is properly distinguished from interpretation, although the two are often used synonymously. In strictness, Interpretation is limited to exploring the written text, while construction goes beyond and may call In the aid of extrinsic considerations, as above indicated. Strict and liberal construction. Strict construction is construction of a statute or other instrument according to its letter, which recognizes nothing that is not expressed, takes the language used in its exact and technical meaning, and admits no eqni table considerations or implications. Paving Co. v. Watt 51 La. Ann. 1345, 26 South. 70; Stanyan v. Peterborough, 69 N. II. 372, 46.Atl. 191. Liberal construction, on the other hand, expands the meaning of the statute to meet cases which are clearly within the spirit or reason of the law, or within the evil which it was designed te remedy, provided such an interpretation is not inconsistent with the language used; it resolves all reasonable doubts in favor of tbe applicability of the statute to the particular case. Black, lnterp. Laws, 282; Lawrence v. McCalmont, 2 How. 449, 11 L. Ed. 326; In re Johnson's Estate. 98 Cal. 531, 33 Pac. 460, 21 L. R. A. 380; Shorey v. Wyckoff, 1 Wash. T. 351. —Construction, court of. A court of equity or of common law, as the case may be, is called the court of construction with regard to wills, as opposed to the court of probate, whose duty is to decide whether an instrument be a will at all. Now, the court of probate may decide that t given instrument is a will, and yet the court of construction may decide that it has no operation, by reason of perpetuities, illegality, uncertainty, etc Wharton.—Equitable construction. A construction of a law, rule, or remedy which has regard more to the equities of the particular transaction or state of affairs involved than to the strict application of the rule or remedy; that is, a liberal and extensive construction, as opposed to a literal and restrictive. Smiley v. Sampson, 1 Neb. 91. Less...

That which is established by the mind of the law In its act of construing facts, conduct, circumstances, or instruments; that which has not the character assigned to it in its own essential nature, but acquires such character in consequence ot the way in which it is regarded by a More...

That which is established by the mind of the law In its act of construing facts, conduct, circumstances, or instruments; that which has not the character assigned to it in its own essential nature, but acquires such character in consequence ot the way in which it is regarded by a rule or policy of law; hence, inferred, implied, made out by legal interpretation. Mid-dleton v. Parke, 3 App. D. a 160. —Constructive assent. An assent or consent imputed to a party from a construction or interpretation of his conduct; as distinguished from one which he actually expresses.—Constructive authority. Authority inferred or assumed to have been given because of the grant of some other antecedent authority. Middleton v. Parke, 3 App. D. C. 160.—Constructive breaking into a house. A breaking made out by construction of law. As where a burglar gains an entry into a house by threats, fraud, or conspiracy. 2 Russ. Crimes, 9, 10.— Constructive crime. Where,, by a strained construction of a penal statute, it is made to include an act not otherwise punishable, it is said to be a "constnJctive crime," that is, one built up by the court with the aid of inference and implication. Ex parte McNulty, 77 Cal. 164, 19 Pac. 237, 11 Am. St Rep. 257.—Constructive taking. A phrase used in the law to characterize an act not amounting to an actual appropriation of chattels, but which shows an intention to convert them to his use: as if a person intrusted with the possession of goods deals with them contrary to the orders of the owner. AB to constructive "Breaking," "Contempt" "Contracts," "Conversion," "Delivery," "Eviction," "Fraud," "Larceny," "Malice," "Notice," "Possession," "Seisin," "Service of Process," "Total Loss," "Treason," and "Trusts," see those titles. Less...

To put together; to arrange or marshal the words of an instrument To ascertain the meaning of language by a process of arrangement and inference. See CONSTRUCTION.

To put together; to arrange or marshal the words of an instrument To ascertain the meaning of language by a process of arrangement and inference. See CONSTRUCTION. Less...

To ravish, debauch, violate, rape. See Harper v. Delp, 3 Ind. 230; Koenig v. Nott, 2 Hilt (N. Y.) 829.

To ravish, debauch, violate, rape. See Harper v. Delp, 3 Ind. 230; Koenig v. Nott, 2 Hilt (N. Y.) 829. Less...

In ecclesiastical law. A ritual or book, containing the rites and-forma of divine offices, or the customs of abbeys and monasteries.

In ecclesiastical law. A ritual or book, containing the rites and-forma of divine offices, or the customs of abbeys and monasteries. Less...

Customary law. Law derived by oral tradition from a remote antiquity. Belt

Customary law. Law derived by oral tradition from a remote antiquity. Belt Less...

In old English law. Customs. Thus, consuetudines et assisa for-esta, the customs and assise of the forest

In old English law. Customs. Thus, consuetudines et assisa for-esta, the customs and assise of the forest Less...

(Lat feudal customs.) A compilation of the law of feuds or fiefs in Lombardy, made A. D. 1170.

(Lat feudal customs.) A compilation of the law of feuds or fiefs in Lombardy, made A. D. 1170. Less...

In old English law. A writ of right close, which lay against a tenant who deforced his* lord of the rent or service due to him. Reg. Orig. 159; Fitzh. Nat Brev. 151.

In old English law. A writ of right close, which lay against a tenant who deforced his* lord of the rent or service due to him. Reg. Orig. 159; Fitzh. Nat Brev. 151. Less...