CONSTRUCTIVE1. That which is interpreted.
2. Constructive presence. The commission of crimes, is, when a party is not actually present, an eye-witness to its commission but, acting2 with others, watching while another commits the crime. 1 Russ. Cr. 22.
3. Constructive larceny3. One where the taking was not apparently4 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 Leach5, 212; as when he obtained the delivery of the goods animo furandi. 2 N. & M. 90. See 15 S. & R. 93; 4 Mass. 580; I Bay, 242.
4. Constructive breaking into a house. In order to commit a burglary, there must be a breaking of the house; this may be actual or constructive. A constructive breaking is when the burglar gains an entry into the house by fraud, conspiracy6, or threat. See Burglary, A familiar instance of constructive breaking is the case of a burglar who coming to the house under pretence7 of business, gains adiuittance, and after being admitted, commits such acts as, if there had been an actual brooking8, would have amounted to a burglary Bac. Ab. Burglary, A. See 1 Moody9 Cr. Cas. 87, 250.
5. Constructive notice. Such a notice, that although it be not actual, is sufficient in law; an example of this is the recording10 of a deed, which is notice to all the world, and so is the pendancy of a suit a general notice of an equity11. 4 Bouv. Inst. n. 3874. See Lis pendens.
6. Constructive annexation12. 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 looms13 are constructively14 annexed15. Shep. Touch. 90; Poth- Traits des Choses, 1.
7. Constructive fraud. A contract or act, which, not originating in evil design and contrivance to perpetuate16 a positive fraud or injury upon other persons, yet, by its necessary tendency to deceive or mislead them, or to violate a public or private confidence, or to impair17 or injure public interest, is deemed equally reprehensible18 with positive fraud, and therefore is prohibited by law, as within the same reason and mischief19 as contracts and acts done malo animo. 1 Story, Eq. 258 to 440.
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