Legal Term Dictionary

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...

Lat A custom; an established usage or practice. Co. Litt. 58. Tolls; duties; taxes. Id. 58b. —Consuetudo Anglioana. The custom of England; the ancient common law, as distinguished from lew, the Roman or civil law.—Consuetudo curiae. The custom or practice of a court Hardr. 141.—Consuetudo mercator-um. Lat The custom of More...

Lat A custom; an established usage or practice. Co. Litt. 58. Tolls; duties; taxes. Id. 58b. —Consuetudo Anglioana. The custom of England; the ancient common law, as distinguished from lew, the Roman or civil law.—Consuetudo curiae. The custom or practice of a court Hardr. 141.—Consuetudo mercator-um. Lat The custom of merchants, the same with lew mercatoria. Consuetudo contra rationem intro-ducta potius usurpatio quam consuetudo appellari debet. A custom introduced against reason ought rather to be called a "usurpation" than a "custom." Co. Litt 113. Consuetude debet esse eerta f nam in-eerta pro nullA babetur. Dav. 33. A custom should be certain; for an uncertain custom is considered null. Consuetudo est altera lex. Custom is another* law. 4 Coke, 21. Consuetudo est optimus Interpret lo-gum. 2 Inst 18. Custom is the best expounder of the laws. Consuetudo ot communis assuetudo vincit legem non scriptam, at ait ape-stalls; et interpretatnr legem soriptam, si Ion sit generalis. Jenk. Cent. 273. Custom and common usage overcomes the unwritten law, If it be special; and interprets the written law, if the law be general. Consuetudo ex eerta oausa ratlonabill usitata privat oommunem legem. A custom, grounded on a certain and reasonable cause, supersedes the common law. Litt. | 169; Co. Litt 113; Broom, Max. 919. Consuetudo, licet ait magnss auotorita-tis, nunquam tamen, prstjudioat manifesto veritati. A custom, though It be of great authority, should never prejudice manifest truth. 4 Coke, 18. Consuetude lod observanda est. Litt I 169. The custom of a place is to be observed. Consuetudo manerii ot loot observanda est. 6 Coke, €7. A custom of a manor and place Is to be observed. Consuetudo neqne InjuriA oriri noque toll! potest. Lofft, 340. Custom can neither arise from nor be taken away by in* Jury. Consuetudo non trahitur in eonse* quentiant. 8 Keb. 409. Custom is not drawn into consequence. 4 Jur. (N. S.) Ex. 139. Consuetudo prassoripta ot legitima vin-cit legem. A prescriptive and lawful custom overcomes the law. Co. Litt U3; 4 Coke, 21. Consuetudo regni AngUss est Ion Ang-lifts. Jenk. Cent 119. The custom of the kingdom of England is the law of England. See 2 BL Comm. 422. Consuetudo semol reprobata non potest amplius induei. A custom once disallowed cannot be again brought forward, [or relied on.] Dav. 33. Consuetudo tollit communem legem. Co. Litt 33 b. Custom takes away the common law. Consuetudo volentes duoit, lex nolen-tos trahit. Custom leads the willing, law compels [drags] the unwilling. Jenk. Cent 274. Less...

In Roman law. During the republic, the name "consul" was given to the chief executive magistrate, two of whom were chosen annually. The office was continued under the empire, but its powers and prerogatives were greatly reduced. The name is supposed to have been derived from consulo, to consult, because More...

In Roman law. During the republic, the name "consul" was given to the chief executive magistrate, two of whom were chosen annually. The office was continued under the empire, but its powers and prerogatives were greatly reduced. The name is supposed to have been derived from consulo, to consult, because these officers consulted with the senate on administrative measures. In old English law. An ancient title of an earl. In international law. An officer of a commercial character, appointed by the different states to watch over the mercantile interests of the appointing state and of its subjects in foreign countries. There are usually a number of consuls in every maritime country, and they are usually subject to a chief consul, who is called a "consul general." Schunior v. Russell, 83 Tex. 83, 18 S. W. 484; Seidel v. Peschkaw, 27 N. J. Law, 427; Sartori v. Hamilton, 13 N. J. Law, 107; The Anne, 3 Wheat. 445, 4 L. Ed. 428. The word "consul" has two meanings: (1) It denotes an officer of a particular grade in the consular service; (2) it has a broader generic sense, embracing all consular officers. Dainese v. U. S., 15 Ct CI. 04. The official designations employed throughout this title shall be deemed to have the following meanings, respectively: Pint. "Consul general, "consul," and "commercial agent" shall be deemed to denote full, principal, and permanent consular officers, as distinguished from subordinates and substitutes. Second. "Deputy-consul" and "consular agent" shall be deemed to denote consular officers subordinate to such principals, exercising the powers and performing the duties within the limits of their consulates or commercial agencies respectively, the former at the same ports or places and the latter at ports or places different from those at which such principals are located respectively. Third. "Vice-consuls" and "vice-commercial agents" shall be deemed to denote consular officers who shall be substituted, temporarily, to fill the places of consuls general, consuls, or commercial agents, when they shall be temporarily absent or relieved from duty. Fourth. "Consular officer" shall be deemed to include -consuls general, consuls, commercial agents, deputy-consuls, vice-consuls, vice-commercial agents, and consular agents, and none others. Fifth. "Diplomatic officer" shall be deemed to include ambassadors, envoys extraordinary, ministers plenipotentiary, ministers resident, commissioners, charge's d'affaires, agents, and secretaries of legation, and none others. Rev. St. U. S. § 1074 (U. S. Comp. St. 1901, p. 1150.) Less...