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CONSTRUCTIVE

That which is interpreted.

Constructive Presence. The commission of crimes is when a party is not actually present, but an eye-witness to its commission and watches while another commits the crime.

Constructive Larceny. One where the taking was 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 as when he obtained the delivery of the goods animo furandi.

Constructive Breaking Into A House. In order to commit a burglary, there must be a breaking of the house that may be actual or constructive. A constructive breaking is when the burglar gains an entry into the house by fraud, conspiracy or threat. A familiar instance of constructive breaking is the case of a burglar who, coming to the house under pretence of business, gains admittance and then commits such acts as if there had been an actual breaking, would have amounted to a burglary.

Constructive Notice. Such a notice that, although it be not actual, is sufficient in law; an example of this is the recording of a deed, which is notice to all the world, as is the pendancy of a suit a general notice of an equity.

Constructive Annexation. The annexation to the inheritance by the law of certain things which are not actually attached to it; for example, the keys of a house and heir looms are constructively annexed.

Constructive Fraud. A contract or act which, not originating in evil design and contrivance to perpetuate a positive fraud or injury upon other persons, yet by its necessary tendency to deceive or mislead them, to violate a public or private confidence or to impair or injure public interest, is deemed equally reprehensible with positive fraud, and therefore is prohibited by law, as within the same reason and mischief as contracts and acts done malo animo.

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