Page:North Dakota Reports (vol. 18).pdf/767

 INDEX. 745

WORDS AND PHRASES—Continued.

7. The meaning of words in a statute must often be determined by

the subject-matter in relation to which they are used; and, as section 168 relates only to the change of county boundaries, the words “votes cast” should be limited to that subject. State v. Blaisdell, 31.

8 A woman employed to do housework on a farm and to cook meals

for tarm laborers, is not a “farm laborer” within the meaning of section 6277, Rev. Codes 15, giving a lien for the wages of farm laborers. Lowe v. Abrahamson, 182.

9. A courtmartial is not an inferior court within the meaning of section

&6 of the constitution, it not belonging to the judicial, but to the executive department of the government. The inferior courts re- ferred to in section 86 are the courts enumerated in section 8&5, which belong to the judicial department. State v. Nuchols, 233.

10. A paper published each week under the name “The Bismarck Weekly

11.

Tribune,” by the same parties who publish a daily paper under the name “The Bismarck Daily Tribune,’ such weekly being com- posed of matter printed in the Daily Tribune and set out from day to day for publication in the weekly, is a weekly edition of The Bismarck Daily Tribune within the meaning of section 1259, Rev. Codes 1899. Griffin v. Dension Land Co., 246.

Section 1480, Rev. Codes 195, defines “tract” as applied

to land, when that word is used in the revenue law, as any contiguous quantity of land in the possession of, owned by, or recorded as the property of the same claim- ant, person, or company. Held, that the word “contiguous” in that connection means land which touches on the sides, and that two quarters of the same section, which only touch at the corner, do not constitute for the purpose of taxation, one tract or parcel of land. Griffin v. Denison Land Co., 246.

12. Section 6738, Rev. Codes 1{%)5, defines “process” as a writ or sum-

mons issued in the course of judicial proceedings. Held, that the notice of appeal is not a writ or summons, and is therefore not “process,” and need not be served in the same manner in which “process” is required to be served. Gooler v. Eidsness, 338.

13. Section 111 of the constitution provides that county courts shall

have jurisdiction of certain civil and criminal causes “whenever the voters of any county having a population of two thousand or over shall decide by a majority vote that they desire the juris- diction of that court increased.” Held, that the words “majority vote” mean a majority of all votes cast on the question of in-. creased jurisdiction, and not a majority of all the votes cast at: the election. State v. Fabrick, 4)2.

14. A “conditional sale” is a sale in which the transfer of the title

in the thing sold to the purchaser, or his retention of it, is’ made to depend upon the performance of some condition. Poirier Mfg. Co. v. Kitts, 556,