Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1881-01-13
NO. g..
WORDS IN LAW.
What Different Aspects the Courts
Put Upon Common Expressions.
ALBANY Law Journal.

Albany Law Journal
''To resort" means to go 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, said The ap-
pellant also contends that the district
judge erred III instructing the jury to
the effect that going once to a place
kept for opium smoking for the pur-
| pose of smoking is an infraction Cf the
law. What the statute forbids all per
sons to do Is to resort to such places.
and 1t Is argued that resort means not
to go merely once, but to go and 60
again; in other words, to make a prac-
tlce of going. The etymology of the
word resort lends some support 10
this argument. but the definitions Civ
en- in the lexicOns show that whatever
may have been..itS original meaning. ii
no longer means anything more in the
connection in which it is employed in
the statute than to go once"
Eggs" are not "meat" or poultry"
within statute prohibiting the sale OF
such articles when unsound. Boring
through floor with an auger consti
tutes burglary, says the Alabama SUI
preme court, in Walker against State
This was when the prisoner bored a
hole through the floor of a corn crib.
stopped it up with a cob and afterward,
on separate occasion, drew.the shelIed
corn through the hole into a sack un-
derneath the crib. BRASS knucks" is
used IN the statute rs the narae of
weapon, without reference to the metal
of which it is made, Therefore, con-
viction 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 equiv
alent to received payment" "Terms
cash" on an unreceipted bill of goods
sent by a wholesale to a retail dealer
cannot be held as matter of law to
imply that the goods were paid for be-
fore they were shipped.
A farm Overscer is not Il "laborer"
within the lien law Notes, bills. etc,
representing money loaned on interest
by corporation, are property" liable
to taxation. A railroad depot is a
warehouse" within the statute of
burglary.
A Sunday school is not 'Divine wor-
ship" but building for the sessions of
a Sunday school and religious lectures
is for religious purpose" although
occasionally used for fairs and other
benevolent purposes. The court said
lin 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 aux
iliary OF every christian church, and
indispensable to its life and growth.
That the services in such schools are in
the main of a religious character is too
we'll known to be seriously disputed.
So of the lecture room. 1t is used for
the mid-week lectures and other ser
vices when the attendance is not large.
The expense of lighting and heating the
main building is thus avoided. But
the services upon such occasions are as
truly religious in their characters 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 female friend
residing with her, and female servants,
besides the boarders, is the "head of
family" But single man who keeps
house and has no other persons living
with him than servants and employees
is not the "head of a family" or
householder" And an unmarried
man who does not keep house, but sup
ports his mother and his unmarried
sister, who board with his married Sis
ter in another town is not the "head of
family"