Constraint

The word constraint is equivalent to the word restraint.

Edniondson v. Harris, 2 Tenn. Ch. 433.

CONSTRUCTION (Lat. const mere, to put together). In Practice. Determining the meaning and application as to the case in question of the provisions of a constitution, statute, will, or other instrument, or of an oral agreement Drawing conclusions respecting subjects that lie beyond the direct expression of the term.

Lieber, Leg. & Pol Herm. 20.

Construction and interpretation are generally used by writers on legal subjects, and by the courts, as synonymous, soim times one term being employed and sometimes the other. Lieber, in his Legal and Political Hermeneutics, distinguishes between the two, considering the province of Interpretation as limited to the written text, while construction goes beyond, and Includes cases where texts interpreted and to be construed are to be reconciled with rules of law or with compacts or constitutions of superior authority, or where we reason from the aim or object of an instrument or determine its application to cases unprovided for; C. 1, § 8; c.

3, § 2; c. 4; c. 5.

Dr. Wharton (2 Contracts, c. 19) adopts this view. Leake (Digest of Contracts 217) and Prof. James B. Thayer (Evidence 411) consider them as synonymous. Black (Interpretation of Laws 1) makes some distinction between the terms. Legal rules of construction so called, suggest natural methods of finding and weighing evidence and ascertaining the fact of intention, but do not determine the weight which the evidence has in mind, and do not establish a conclusion at variance with that reached by a due consideration of all the competent proof; Edes v. Boardman, 58 N. H. 580, 592. A strict construction is one which limits the application of the provisions of the instrument or agreement to cases clearly described by the words used. It is called, also, literal. A liberal construction is one by which the letter is enlarged or restrained so as more effectually to accomplish the end in view. It is called, also, equitable. The terms strict and liberal are applied mainly in the construction of statutes; and the question of strictness or liberality is considered always with reference to the statute itself, according to whether its application is confined to those cases clearly within the legitimate import of the words used, or is extended beyond though not in violation of (ultra sed non contra) the strict letter. In contracts, a strict construction as to one party would be liberal as to the other. One leading principle of construction is to carry out the intention of the authors of or parties to the instrument or agrei so far as it can be done without Infringing upon any law of superior binding force. The subject will be treated under Inteb-