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Cowstructioh

Defined in 1 dictionary — Anderson (1889)

A Dictionary of Law

William C. Anderson · 1889

* 1. Putting together, ready for use; building; erecting: applied to houses, vessels,^ railroads,* machines.'' See Build; Erect; Conteactok. 2. Drawing conclusions respecting subjects that lie beyond the direct expression of the text, from elements known from and given in the text — conclusions within the spirit, though not within the letter, of the text.* " Interpretation " is the art of finding out the true sense of any form of words; that is, the sense which their author intended to convey.^ In common use, "construction" embraces all that is covered by both synonyms,^ Eules of construction have for their object the discovery of the true intent ant^ meaning of instruments— the thought expressed,'" where the language is transparent there is no room for the office of construction. There shoiild be no construction whei'e there is nothing to construe." Liberal construction. Such construction as enlarges or restrains the letter of an agreement or instrument so as more eflfectually to accomplish the end in view. Also called equitable construction. Strict construction. Such as limits the application 1 Mayor of Nashville v. Cooper, 6 Wall. 251 (1867); 20 id. 668, 2 Cherokee County v. State, 36 Kan. 339 (1887), cases. 3 United States v. Harris, 106 U. S. 635 (1882), Woods, J. See 2 Story, Const. § 1243. * L, construere^ to put together. s,Sprague, 180; 103 Mass. 227. 9 11 Iowa, 17; 115 Mass. 400. ' 17 How. 72. SLieber, Hermen., Ham. ed., 44, 11; 36 N. J. L. 209; 2 Pars. Contr. 491. " [Cooley, Const. Lim. *.$8. " People u May, 9 Col. 86 (1885). to cases clearly described by the words used; a close adherence to words. Also called literal construction. i By a liberal interpretation of a letter of guaranty we do not mean that the words should be forced out of their natural meaning; simply that they should receive a fair and reasonable interpretation, so as to attain the object for which the instrument is designed and the purpose to which it is applied.'' Other expressions are: artificial, forced or strained, refined, reasonable construction. A reasonable construction of an instrument, as of the Constitution, means that in case the words are susceptible of two senses, the one strict, the other more enlarged, that should be adopted which is most consonant with the apparent intent.* The object is not to make or modify the instrument, but to find the sense. Hence, the whole docimient is to be construed together. This is to be done by the court, except when the writing contains technical words, or terms of art, or when it is introduced collaterally, or when its effect depends upon extrinsic circumstances — in which cases the duty devolves upon the jury.* It is a cardinal rule in the constniction of all instruments that, if possible, effect should be given to all parts and to every clause, ut res tnagis, etc.** See further Condition; Constitution; Constructive; Contract; Covenant; Deed, 2; Expositio; Ex- FRESSio; Forfeiture; Franchise, 1; Grant; Impair; Instrument, 3; Insurance, Policy; Noscitur; Punctuation; Repeal; Repugnant; Statute; Trust, 1; Usus, Utile, etc.; Verbum; Will, 2; Word.