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Legal Meaning Of Words

Legal Meaning Of Words image
Parent Issue
Day
23
Month
December
Year
1880
Copyright
Public Domain
OCR Text

"To resort" nieans to go once or more. In State against Ah Sam, the Nevada Supremo Court, under a statute forbidding any one "to resort" to any place to smoke opium, said : "The ap pellant also contends that the district judgeerredin instructing the jury to the effect that going once to a place kept for opium smoking for the purpose of smoking is an infraction oi the law. What the statutes forbids all persons to do is to 'resort' to such places, and it argued that 'resort' means not to go merely once, but to go and go again, in other words to make a practiceof going. The etymology of the word 'resort' lends some support to this argument, but the deflniüons given in the lexicons show that whatever may have been its original meaniug it no longer means any thing more in the connection in which it is employed in the statute than to go once." "Eggs" are not "meat" nor "poultry" within a statute prohibiting the sale of such anieles when unsound. Boring through the Hoor with an auger constitutes burglary, says the Alabama Supreine Court, in Walker against State. Tuis was where the prisoner bored a hele through the floor of a corn crib, stopped it up with a cob, and afterward, on a separate occasion, drew the shelled corn through the hole into a sack underneath the crib. "Brass knucks" is used in the statute as the name of a weapon, without reference to the metal of which it is made. Therefore a conviction of unlawfully carrying "brass knucks" will not be set aside because it was proved that the weapon was lead or pewter. "Terms cash" ia not equivalent to "received payment." "ïerms cash" on an unreceipted bill of goods, sent by a wholesale to a retail dealer, cannot be held as a matter of law to imply that the goods were paid for before they were shipped. A farm overseer is not a "laborer" within the lien of law. Notes, bilis, etc., representing money loaned on interest by a Corporation, are "property" Hable to taxation. A railroad depot is a "warehouse" within the statute of burglary. A Sunday school is not ''divine worship;" but the building for the sessions of a Sunday school and religious lectures is for a "religious purpose," although occasionally used for fairs and other benevolent purpo3es. The Court said (in a Pennsylvania case): "The Sunday school rooms and the lecture rooms of a modern church are as essentially used for religious purposes as the body of the church building itself. The Sabbath schools are an important auxiliary to every Christiau church, and indispensable to its life and growth. That the services in such school are in the main of a religious character is too well known to be seriously disputed. So of the lecture room. It is used for the mid-week evening lectures, and other services, when ten attendance is not large. The expense of lighting and heating the main church building is thus avoided. But the services upon such occasions are as truly religious in their character as the sermon upon the Sabbath." A supervising architect is a person performing "labor," although not a "laborer," within the meaning of the mechanics' lien law. A widow keeping a boarding house, with a female friend reiiiding with her, and female servants, besides the boarders, is the "head of f. family." But a single man, who keeps house and has no person living with liirn other than servants and employés, is not the "head of a family," or a "housekeeper." And an unmarried man, who does not keep house, but supports his mother and unmarried sister, who board with his married sister, in another town, is not the head of the family."-

Article

Subjects
Old News
Ann Arbor Democrat