claim for unemployment benefits. He worked for a sfngleemployerfrom Warch 22, 1948, to June 15, 1948, and earned $52 for the week ending&rch 27 and a total of $892.12 betweenthat date and June 15, the date of separa- tion from employment. His wages for the week ending March 27 were paid to him on April 2 by check. Section13891 of the 1947 Supplementto the General Hon. MLlliamIL Farmer,page 3 (wl33)
Statutes,Rev* 1949, B 7507, provided: IAn unemploy- ed individualshall be eligibleto receivebenefits with reapeotto any week, only if it shall have km found that * * * (3) ha haeken paid wages during the base period of his currentbenefityear in an amount at least equal to two hundredand forty dollars,includingonly wages with respectto which contributionshave been paid or are payable,some part of which amount has been paid in at least two differentcalendarquartersof such base period-v The administratordenied the claim for benefitson the groundthat all of the wages had been paid in one calendarquarter only,
"In common usage, DpaidPdoes not mean Qxayable'. sPaid is the past tense of the verb 'to pays, and swagespaid* are wages that actuallyhave been paid.
"Apparentlythere are no reportedjudicialde- cisionson the question. An administratorfs decision, reportedin 3 CCH UnemploymentIns, Serv,,Fla. Per. 8103.04,held that a claimantwho earnedwages in two quartersof his base period but receivedwages in only one quarter of the period was ineligiblefor benefits. AnotheradministratorPs decision,reportedin 6 CCH UnemploymentIns, Serv,,Pa, Par, 8187,&O,held that the law doss not permit the allocationof wages to the quarterthey were earned but restrictsit to the quarterthey were paid,
"I4sconcludethat the plaintiffwas not eligible for benefits,"
In 75 C.J.S.,ppO 643-k!,.!+, it is statedthat: "The word 'received"is O.e an ambiguous,rela- tive term, and its meaning or significationmay differ accordingto the circumstances and connectionin which it is employed. It has no tenses,and it makes no distinctionof time, and it may or may not relate to a past occurrence. In its commonand approvedusage, Veceivedr means obtainedby physicaldeliveryfrom H. Farmer,page 4 (w-133) Hon. !+llliam
another,and the oonorptthat somethinghas been re- ceivedwhen it is depositedin the =il is an arti- ficial oonoeptwhioh is not in aooordanoewith the generaland common understandingof the term. OOOn
In 36 !&rds and Phrases,p0 446, it is said that-s
"To receivemeans to get by a transferas to receivea gift, to receivea letter,or to receive money, and involvesan actualreceipt."
Blacrkts Law Distionary,4th edition,definesthe word "receivee" as: "To take into possessionand aontrol;accept custodyof,"
Our courtshave held that words in a statuteare to be given
It has also been held that words in a statuteare to be given their commonmeaning,in the absenceof a legislativeintentto the contrary, a9 166 8,%8X
Ms find no decisionof our courts interpretingthe term "wages received", However,the Legislaturein substitutingthe word "receivedY' for the word "earned"in the subsectionof the Act with which we are here concernedcertainlyrecognizedthat the two words were of a different meaning,
bb are of the opinionthat the Legislatureused the word *reeeivedsein subsections;(e)of the Texas UnemploymentCompensationAE+, in its commonand generallyacceptedmeaning,and that to meet the require- ments of said subsectionof the Act an