Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1880-11-18
COMMON WORDS.
What They are Legally Decided
fO Mean

"To resort means 10 20 once or more.
In State against All Sam, the Nevada
Supreme Court, under statute forbid
ding any one "t0 resOrI" to any place to
smoke opium, said: The appellant also
contends that the Distsict Judge erred in
instructing the jury to the effect that
going once to a place kept for opium
smoking for the purpose of smoking, is
an infraction of the law. What the
statute forbidS all persons to do is to re
sort to such places, and it is argued that
resors means not to 60 merely once, but
to go and go again; in other words, to
make practice of going. The etymol-
ogy of the word resort lends some sup
port to this argument, but the detinl-
tiOns given IN the leXieons show that
whatever may have been its original
meaning it no longer means anything
more in the connection in which it Is
employed in the statute than to go once
Eggs" are not "meat" nor poultry
within statute prohibiting the sale of
such articles when unsound. Boring
through floor with an augur consti-
tuteS burglary, says the Alabama Su-
preme Court, in Walker against State.
This WAS where the prisoner bored a
hole 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 under
meath the crib. Brass knucks" is used
in the statute as the maine of weapon,
without reference to the metal of which
it is made. Therefore conviction of
unlawfullv carrying brass knucks" Will
not be set aside because it was proved
that the weapon was lead or pewter.
Terms cash" is not equivalent to ''re-
ceived payment" Terms cash" on all
unreceipted bill OF goods, sent by a
wholesale 10 retail dealer, cannot be
held as matter of law tn imply that
the goods were paid for before they were
shipped.
A farm overseer is not a "laborer"
within the lien law. Notes, bills, ETC.,
representing money loaned on interest
by corporation. are q roperty" liable to
taxation. A railroad depot is ware
houSe' within the statute of burglary.
A Sunday school is not divine wor-
ship;" but a building for the sessions of
Sunday school and religious lectures
is for a religious purpose" although oc-
caSionally used for fairs and other be-
nevolent purposes. The court said lin
4 PENNSYLVANIA (case): "The Sunday
school rooms and the lecture room 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 OF
every christian church, and indispenSa-
BILE to its life and growth. That the SER
vices in such schools are in the main
religious character is too well known to
be seriously disputed. So of the lecture
room. 1t is used for the mid-week eve
ming lectures and other services, when
the attendance is not large. The ex-
pense 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 on the Sabbath"
A supervising architect is a person
performing "labor," although not I'd
borer," within the meaning of the me-
chanics' lien law. 4 widow keeping a
boarding house, with female friend re-
siding with her, and female servants, be-
sides the bOarders. is the head Of the
family" But single man, who keeps
house and has no persons living with
him than servants and employees, is not
the "head of family" or a "housekeep-
er." And an unmarried man, who does
not keep house, but supports his mother
and his unmarried sister, who board with.
his married sister in another town, is
not the "head of Il family. Albany LAW
Journal