KFLCC Kingdom Law 2nd Ed.

255

CONSUETUDO LOCI

CONSTRUCTION

a given instrument is a will, and yet the court of construction may decide that it has no opera tion, by reason of perpetuities, illegality, uncer tainty, etc. Wharton.— Equitable construc tion. A construction of a law, rule, or rem edy which has regard more to the equities of the particular transaction or state of affairs in volved than to the strict application of the rule or remedy; that is, a liberal and extensive con struction, as opposed to a literal and restrictive. Smiley v. Sampson, 1 Neb. 91. CONSTRUCTIVE. That which is estab lished by the mind of the law in its act of construing facts, conduct, circumstances, or instruments; that which has not the char acter assigned to it in its own essential na ture, but acquires such character in conse quence of the way in which it is regarded by a rule or policy of law; hence, inferred, im plied, made out by legal interpretation. Mid dleton v. Parke, 3 App. D. O. 160. — Constructive assent. An assent or consent imputed to a party from a construction or in terpretation of his conduct; as distinguished from one which he actually expresses.— Con structive authority. Authority inferred or assumed to have been given because of the grant of some other antecedent authority. Middleton v. Parke, 3 App. D. O. 160.— Constructive breaking into a bouse. A breaking made out by construction of law. As where a bur glar 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 "constructive 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.— Con structive 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. As to constructive "Breaking," "Contempt," "Contracts," "Conversion," "Delivery," "Evic tion," "Fraud," "Larceny," "Malice," "No tice," "Possession," "Seisin," "Service of Process," "Total Loss," "Treason," and "Trusts," see those titles. CONSTRUE. To put together; to ar range or marshal the words of an instru ment. To ascertain the meaning of lan guage by a process of arrangement and in ference. See CONSTBUCTION. CONSTUPRATE. To ravish, debauch, violate, rape. See Harper v. Delp, 3 Ind. 230; 'Koenig v. Nott, 2 Hilt. (N. Y.) 329. ecclesias tical law. A ritual or book, containing the rites and forms of divine offices, or the cus toms of abbeys and monasteries. Custom ary law. Law derived by oral tradition from a remote antiquity. Bell. CONSUETUDINARIUS. In CONSUETUDINARY LAW.

CONSUETUDINES. In old English law. Customs. Thus, consuetudtnes et assisa for estce, 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 SERVICIIS. 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. CONSUETUDO. Lat. A custom; an established usage or practice. Co. Litt. 58. Tolls; duties; taxes. Id. 586. —Consuetudo Anglicana. The custom of England; the ancient common law, as distin guished from lex, the Roman or civil law.— Con suetudo curiae. The custom or practice of a court. Hardr. 141.— Consuetudo mercator um. Lat. The custom of merchants, the same with lex meroatoria. 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. Consuetudo debet esse certa; nam in certa 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 interprets le gum. 2 Inst. 18. Custom is the best ex pounder of the laws. Consuetudo et communis assuetudo vincit legem non scriptam, si sit spe cialis; et interpretatur legem scriptam, si lex sit generalis. Jenk. Cent. 273. Custom and common usage overcomes the un written law, if it be special; and interprets the written law, if the law be general. Consuetudo ex certa causa rationabili usitata privat communem legem. A cus tom, grounded on a certain and reasonable cause, supersedes the common law. Litt. | 169; Co. Litt 113; Broom, Max. 919. Consuetudo, licet sit magnse auctorita tis, nunquam tamen, prsejudicat mani festo veritatl. A custom, though it be of great authority, should never prejudice mani fest truth. 4 Coke, 18. Consuetudo loci observanda est. Litt § 169. The custom of a place is to be ob served.