Ashtabula weekly telegraph. (Ashtabula, Ohio) 1880-1886, 1880-11-26
The Legal Meaning Of Some Common
Words.

"To RESORT" means TO 20 once or
more. In State against All Sam the
Nevada Supreme Court, under a statute
forbidding any one ''to resort" TO any
place TO smoke opium: "The appellant
also contends that the District Judge
erred in instructing the jury to the effect
that going once to 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 resort means not to go merely once,
but to 90 and 90 again, in other words,
to make q practice of going. The
etymology of the word resort lends
some support to this argument, but the
definitions given in the lexicons show
that whatever may have been its origi-
nal meaning 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 ''poul-
try within a statute prohibiting the sale
of such articles when unsound. Boring
through a floor with an auger 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 cob, and afterward,
on 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 name of weapon,
without reference to the metal of
which it is made. Therefore a convic-
ton of unlawfully carrying "brass
knucks" will not be set aside because it
was proved that the weapon was lead or
pewter. "Terms cash. is not equiva-
lent to "received payment" "Terms
cash, on an unreceipted bill of goods
sent by a wholesale to a retail dealer,
can not be held as matter of law to inn
ply that the goods were paid for before
they were shipped.
A farm overseer is not a "laborer,n
within the lien law. Notes, bills, etc.,
representing money loaned on interest
by q corporation, are "property" liable
to taxation. A railroad depot is a
"warehouse," within the statute of bur-
glary.
A Sunday-school is not " Divine wor-
ship;" but a building for the sessions of
Sunday-school and religious lectures
is for "religious purpose" although
occasionally used for fairs and other be-
nevolent purposes. The Court said FIN
Pennsylvania easel "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
services in such schools are in the main
of religious character is too well known
to be seriously disputed. So of the lee
ture-room. 1t is used for the mid-week
evening lectures and other services,
when the 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 SER
mon 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
boarding-house, with female friend re-
siding with her, and female servants,
besides the boarders, is the "head of a
family" But single man who keeps
house and has no other persons living
with him than servants and employees,
is not the "head of family" or a
housekeeper." And an unmarried
man, who does not keep house, but sup
ports his mother and his unmarried sis
ter, who board with his married sister
in another town, is not the "head of q
family. ALBANY Ld1O Journal.