CONSTRUCTION

The proce , or the art, of determining the sense, real meaning, or proper.explanation of obscure or ambiguous terms or provisions in a statute, written instrument, or oral agreement, or the application of such subject to the case in question, by reasoning in the light derived from extraneous connected circumstances or laws or writings bearing upon the same br a connected matter, or by seeking and applying the prob a1ble aim and purpose of the provision. It is to be noted that this term is properly distinguished from interpretation, although the two are often used synonymously. In strictne , interpretation is· limited to exploring the written text, while construction goes beyond and may call in the aid of extrinsic considerations, as above indicated. Strict and liberal construction. Strict construction is construction of a statute or other instrument according to its letter, which recognizes nothing that is not expre ed, takes the language used in its exact and technical mean· ing, and admits no equitable considerations or implications. Paving. Co. v. Watt, 51 La. Ann: 1345 26 South. 70; Stanyan v. Peter borough, 69 N. H. 372, 46 At!. 191. Liberal construction, on the other hand, expands the meaning of the statute to meet cases which are clearly within the spirit or reason of the law, or within the evil which it was de!ligned to remedy, provided such an interpretation is not inconsistent with the lanpllage used; it resolves all reasonable doubts m favor of the applicabilit;r of the statute to the particular case. Black, Interp. Laws, 282; Lawrence v. McCalmont, 2 How. 449bll L. Ed. 326; In re Johnson's Estate, 08 al- 531; 33 Pac. 460, 21 L. R. A. 880; Shorey v. Wyckoff, 1 Wash. T. 851...Oon■truotion. court of. A court of equity or of common law, as the case may be, is called the court of construction with regard to wills, as opPQsed to the court of probate, whase duty is to d~jde whether.au instrument be a will at all, Now, thlf court of probate'may 'decide that, [s. 260]