Constructive

That which amounts, in the view of the law, to an act, although the act itself is not really performed. For words under this head, such as "constructive fraud," etc., see the various titles, "Fraud," etc. CONSUETUDINARIUS (Lat.)

In old English law. A ritual or book containing the rites and forms of divine offices, or the customs of abbeys and monasteries. A record of the consuetudtnes (customs). Blount; Wishaw.

That which amounts in the view of the law to an act, although as constructive fraud, etc., see the various titles Fraud; Notice; Trl'st; etc. CONSUETUDINARIUS (Lat.). In Old English Law. A rilual or book containing the rites and forms of divine offices or the customs of abbeys and i A record of the consuetudincs (customs). Blount; Whishaw.

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 of the way in which it ls regarded by a ruie or policy of law; hence, inferred, implied, made out by legal interpretation. Middleton v. Parke, 3 App. D. O. 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 "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. Ren. 257.

— Constructive taking. A phrase used in the law to characterize an act not amounting to an acfual appropriation of chattels, but which shows an intention to convert them to his use; as if a person intrusted with the possession of goods denis with them contrary to the orders of the owner. As 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.

Made out or deduced by annexation: an annexation by inference the freehold. Constrnctive assent: assent Constructive brealting: a breaking law, as where a burglar gains an entry spiracy. Constructive contempt: a insult or direct opposition, tends to the authority of a court Constructive inferred in law from an exercise of sistent with and in defiance of the rights son entitled to possession. Constructive actually made, but in the law regarded fraud: fraud inferred by law, as distinguished or intentional fraud; fraud in law, as fact. V. Fraud. Constructi.ve larceny: struction or inferred from the acts of itself was not apparently felonious, loss: an injury to insured property so or constitution, having ita a body of fundamental with which the powers an extraordinary act of directly, establish the form especially such as relates a constitution; based upon; consistent with a constior undertaking, without due either by the promisor legis non facit iujni'iam: be such as to workj no intogether of the words of marshalling of words or clauses, the meaning or intent; a in and drawn from, as to conclusions, i. e. within the text; exposition; interpreconstruction. Constrnctive of law, as of a fixture to inferred from conduct. made out by construction of by threats, fraud or concontempt which, without open induce a general disregard of conversion: a conversion dominion over property incon- 6f the owner or of the perdelivery: a delivery not as niada Constrnctive from positive, actual distinguished from fraud in larceny made out by cona party, where the taking v. larceny. Constructive great that the assured may from actual or formal to notice, v. Notice. templation of law. such relation with, place. Constructive been wrongfully from that time forward upon. Constructive or arising by operation trust; a trust implied called an implied

That which is established by the mind of the law in its ack of consiruing facts, conduct, circumstances, or instruments; that which has not the character assigned to it in its own essential nature, but acquires such character in cunsequenee of the way in which it is regarded by a rule or policy of law; hence, inferred, implied, made out by legal interpretation.

Determined by construction: inferred or implied, presumed or imputed; opposed to actual: as, Constructive — annexation, appropriation, assent or consent, attachment, breaking, close, contempt, conversion, damages, delivery, fraud, larceny, levy, loss, malice, notice, possession, presence, service, taking, treason, trust, qq. v. COIfSUBTUDO. L. Custom; usage; practice. Consuetudo est altera lex. Custom is another law. Consuetudo interpres legum. Custom is the expounder of laws.* Consuetudo loci otaservanda. Thecus- 1 [Bouvier's Law Diet; 1 Wash. T. 351^1 Shars. Bl. Com. 87; 23 Cent. Law J. 483 (1886), cases. = Lawrence v. Mo Calmont, 2 How. 449 (1844), Stoiy, J.; Crist V. Burllngame, 62 Barb. 356 (1862). ' [1 Story, Const. § 419. *Goddard v. Foster, 17 Wall. 143 (18T2), cases; Beardsley v. Hotchkiss, 30 Hun, 613 (1883); 1 Law Quar. Eev. 466 (1885). » May V. Saginaw County, 32 F. R 632 (1887). torn of the place is to be conformed to. See Custom.

(v. Trmt.) inferred, construed, or

Made out or deduced by construction; implied, inferred, construed or interpreted by law; as constructive fraud, constructive notice, <fec. The opposite of formal, actual, positive or ex

That which is interpreted. Constructive presence, in the commission of crimes, is when a party is not actually present, an eye-witness to its commission, but acting with others, is watching while another commits the crime. 1 Russ. Cr. 22.

— Constructive larceny, 1s one where the taking. not apparently felonious, but by construction of the prisoner’s acts it is just to presume he intended at the time of taking to appropriate the property feloniously to his own use. 2 East, P. C. 685; 1 Leach, 212.