Page:Black's Law Dictionary (Second Edition).djvu/263

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CONSTRUCTION

I given instrument is a will, and yet the court of construction may decide that it hns no operation, by reason of perpetuities. illegality, uncertuinty, etc. Wharton.—Eqnita'b1e construc-

'on. A construction of a law. rule, or rom- eily which has regard more to the equities of the particular transaction or state of afiaiis in- voiverl than to the strict application of the rule or remedy: that is, a liberal and extenshe construction, as opposed to a literal nnd restrictive. Smiley v. Sampson, 1 Neb. 9].

CONSTRUCTIVE. That which is established by the mind of the law in its act of crmstruing facts. conduct, circumstances, or instruments; that which has not the char- acter assigned to it in its own essential nature, but acquires such character in conse- quence of the wuy in which it is regarded hy a rule or policy or law; hence. inferred. Implied, made out by legal interpretation. Middleton v. Parke, 3 App. D. 0. 160. —Const1'uctive assent. An assent or consent imvuitcd to a party from a construction or intt-nnretiition of his conduct: as (Ii. inguishcd from one which he nctually exprcs s. on- Itructive authority. Authority inferred or assvnmcd to [line been gilen because of the grout

of -'n)'inc other antecedent authnnty. Middleton v. Parke, 3 App. D. C 160.—Constructiva

breaking into a. house. A breaking made out by Construction of law. As vlhere a hurglilr gains an entry into a house by threats, fraud, or conspirury. 2 Russ. Crimes, 9. ll').— Constructive crime. W'here, by a strained construction of A1 pcual statute, it is made to include an not not otherwise punishable, it is slid to be a "constructive crime," that is, one bruit up by the court with the aid of inference and implication. Ex parie hiri\'ult.V. 77 Cal. 164. 19 Put. $7, 11 Am. St. Rep. 2"7.—Con- Itructive taking. A phrase used in the law to characterize un act not amounting to an actual appropriation of chattels, but which alzous an intention to com ert them to his use; us if a person intrusted with the possession of goods deals with them contrary to the ordere of the owner.

As to constructive "Breaking," "Contempt," 'Contructs," “Conversion," “Delivery,"“Evlr.~ “Larceny “MaliCe," “No- "I'0ss(‘ssl0n," "seisin " "service or

"Total Loss," "Treason." and ‘Trusts.’ see those titles. CONSTRIIE. To put together; to ar-

runge or murshal the words of an instru- ment To ascertain the meaning of ion- guige by a process of arrangement and in- ference. See C01\‘STRUCTION.

CONSTUPRATE. To ravish, debauch. violate. rape. See Harper v. Deip, 3 Ind. 230; Koeuig v. Nott, 2 Hllt. (N. Y.) 329.

CONSUETUDINARIUS. In ecclesiastical law. A ritual or book, containing the rites and forms of ch\l.ne offices, or the customs of nhheys and monasteries.

CONSUETUDINARY LAW. Custom- ary in“. Law derived by oral tradition from a remote nutiuuity. Bell.

255

CONSUETUDO LOCI CONSUETUDINES. In old English law. Customs. Thus, consuetudines at tzsmsa far-

ostw, the customs and assise of the forest

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

CONSUETUDINIBUS ET SERVTCIIS. In old English law. A writ of right close. which lay against a tenant who deinrced his’ lord of the rent or Sel‘Vi(E due to him. Reg. Orig. 159; Fitzh. Nut. Brev. 151.

CONSUETUDO. Lat. A custom: an established usage or practice. C0. Litt. 58. Tolls; duties; taxes. Id. 581:. —Consnetudo Anglicans. The custom of Enzlnnd: the ancient common law, as distin- guished from low, the Itnman or civil l1\w.—Consuetudo curiae. The custom or practice of a court. Hardr. 14_l.—Consnotudo mercator- um. Lat. The custom of uxervhnnts, the szune with law mcrontovri-u..

Consnetndo contra 1-ationem intro- dncta patina nsurpatio qnnm oonsnetudo appellari dehet. A custom iutrorlueed against reason ought rather to be called a "usurpation" than a "custom." Co. Litt. 113.

Consnetmlo dehet esse certs; nam in- uerta. pro nnllfl. halwetur. Dav. 33. A custom should he eertnin; for an uncertain custom is considered null.

Consnetnflo est alters lax. another law. 4 Cake, 21.

Custom is

Gonsnetndo est optimn: inter-pros le- g-um. 2 Inst. 18. Custom is the best expounder of the laws.

Consnctndo et wincit cinlis; si lax

oommunls assnetudo legem non scriphun, si sit spe- et interpretatur legem scriptnnn. sit generalis. Jeuh. Cent. 273. Custom nnd common usnge overcomes the unwritten law, if it be special; and interprets the written law, if the law be general.

Consneturlo ex certs. cnnsa 1-ationabili nsitatn. pr-ivat commnnem legem. A custom. grounded on :1 cert.-tin nnd reasonable cause, supersedes the common law. Litt. I 169: Go. Litt. 113', Broom, Max. 919.

Consnetndo, lioet sit magnze a.uctox-itntis. nnnqunm tamen. prmjndicat mani- festm vex-itati. A custom. though it he of great authority, should never prejudice u.I:ml- fest truth. 4 Cake, 18.

Consnetndo loci obsex-Vanda est. Litt. 5 169. The custom of a place is to be onserved.

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