The news and herald. (Winnsboro, S.C.) 1877-1900, 1880-04-27
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CURIOUS LEG4L DEFINITIONS.
Technical Interpretations Of Ordinary
Words.
Albany Law Journal.

The law has taken pains particularly.
to define some words and expressions
the meaning Of which would seem
quite apparent, and has drawn some
tine distinction in definitions.
III the Maine] case Of Mccarthy
against Portland the court say in illus
tration Iof the meaning of the word
"travelcr"J: ga boy may be within
tho protection of the statute while run
ming upon the street, if going to Or
returning from school; but not So if
participating in game Of ball being
carried on ut the time in the highway.
lie might be Il traveller, perhaps, .un-
der some circumstances, while sliding
down hill on his way to school; but
not if merely engaged in sliding down
hill as Il pastimc and sport" In Brit
ton against Cummington [Massachu-
sets it was left to the Jury TO say
whether a person driving on q high
way ceased to be a "traVclcr'' for the
time, by leaving his horse and wagon,
and picking berries at the roadside.
1t is perfectly well settled that dog
isnot Il person. ~ Michigan] statute
licensed ''any person" to kill dog
going at large and not licensed or col
Jared. III an action to recover for the
killing Of plaintiffs dog by defendants
dog, it was held no defense that plain
tiif's dog was not licensed and collurcd
as dcfcntant's dog was not "pcrson."
That a. wife may at the same time be
"widow" is held in Georgia Rail
road and Banking Company against
Carr. This was where statute gave
"widow' the ii yht of action for tho
homicide Of her husband, and it was
held that such right WAS not divcstcd
by her marriage subsequent to the
commencement of the action. "rhc
word widow indicates tic person,
not the State, and is used as synony-
nous with wife," say the court. The
court seem to lay stress on the fact
that the widow had waited Il "suitablc
time" as the women phrase it. "Th;s
Young widow waited some four
years." cXclaim the court, in admira-
ton, ''and then in no hot haste, but
lcccntly, and after long widowhood,
comparatively, married again" And
50 she got new husband and $1,000
for the old one.
In Kcmon against King Montana
the court refused to stultiiy itself bv
pretending not to know that "poker"
is game of chance, remurking that
there is ono reason for calling proof as
to the meaning Of this word that
would not apply with equal propricty
to the words deed, lease, contract,
river, city and church."
In the State of Louisiana against
Holmes VIC find dctinition Of "drug-
gist." 1t was there h cld that where a
license is required to carry on the busi-
ness of druggist, one cannot sell
drugs and medicines under license as
retail merchant, although "druggist
properly means one who buys and
sells drugs without c0mnoundng or
preparation" The term, therefore,
has much more limited and restrict
cd meaning than the word "apothcca-
ry." In another case the defendant
was indicted for selling liquor without
license; had dry goods one side Of his
shop and drugs on the other; he was
required as merchant to be licensed,
but as Il druggist he could sell III
quantities less than a quart without
license. The court charged that if he
was merchant and unlicensed, and
sold less than IL quart, he was guilty,
unless he was "a druggist in good
faith, and his business was compound
ing and selling drugs etc. This was
held error, because it confined the
business Of an apothccary or retail
druggist to one who actually COM
pounds his medicines.
"Trade" is defined in Enscoe against
Dunn Connecticut where it was
held that the horses and cart Of one
carting coal are not exempt as elm
plemcnts ia debtors trade" The
court say: "By the word trade, as
used in this statute, wc suppose is
meant the business Of mechanic.
strictly speaking, as the business Of a
carpenter, blacksmith, silversmith,
printer or the like"
Under the statute Of exemptions, a
music teachers piano has been held an
''implencnt Of business; so a fisher
mans net and boat as "tools"; and SO
tiddler's fiddle and bow, canal
bontman's toW-linc; an iron founders
patterns.
"CoMtiguous" means in actual close
contact; SO buildings fifty feet apart
arc not "contiguous."
Worcester defines 'saucti0ncer" as
one whose business it is to offer prop
erty for sale at auction" But in City
Of Goshen against Kern [Indiana] it is
held that ono who sells his own goods
is All "auctionccr."
The word "pants" is not recognized
by lcxicographcrs nor By anybody but
"gcnts," and yet in State Of Louisiana
against johnson it is held that an in
dictmcnt for stealing "a pair Of pants'
is good. Tho court says, "thc word
pants has completely superseded the
word pantaloon."
Seven is "scvcral." Tho court fin
an Alabama COURT said "scvcrap
means more than two, but not very
many, and includes seven.
FROM FAT TO LEAN.-Among tho
Immigrant passengers who come
ashore at Castle Garden from tho
steamship Wcstphalia, recently, were
four Germans, three Of whom were
women and one man. One of tho
women was of peculiar build. IIel
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