It is not necessary to specify to what points the highway led. Burke, 73-83.

WHAT IS A HIGHWAY-STREET.-A street is a public highway in which robbery may be committed. Cowan, 29 (7 Ire.), 239.

WHARF.-A public wharf, merely as such and not being a part of a street, is not a highway. Cowan, 29 (7 Ire.), 239.

RAILROAD NOT A HIGHWAY.-A railroad is not a public highway within the meaning of a statute punishing robbery along a public highway with death. Johnson, 61 (Phil. Law), 140.

WHEN NEAR HIGHWAY.-Robbery is committed near a highway where the scene of the crime is within 50 or 75 yards of a county road, and in plain view thereof, though neither the prosecutor nor defendant knew of such road, and the prosecutor had not been enticed to leave a highway, and the parties had not gone to the place on any highway. Nicholson, 124-820.

Where the allegation is that the robbery was committed in the highway evidence that it was near the highway is not competent. Cowan, 29 (7 Ire.), 239.

MAY BE CONVICTED OF LARCENY.-A defendant indicted for robbery may be convicted of larceny. Nicholson, 124-820.

On indictment for a robbery, the defendant may, if the evidence justifies it, be acquitted of the robbery and convicted of larceny, since robbery includes larceny. Cody, 60 (Winst.), 197.

An averment, on indictment for burglary, that the breaking was with intent to steal is supported by proof that the entry was made with a purpose to commit robbery, since to rob implies to steal by force. Halford, 104-874.

NOT NECESSARY THAT OWNER SHOULD BE PUT IN TERROR.-It is not necessary to constitute robbery that the owner should be put in great terror, but it is sufficient if he was apprehensive of danger. Nicholson, 124-820. VALUE NEED NOT BE GIVEN.-The value or description of the article taken is not material, and need not be set out in the indictment, since the gist of the offence is not the taking but a taking by putting in fear or by force. Brown, 113-645, Burke, 73-83.

Sec. 583. Train robbery and attempts defined; punishment.

1895, c 204.

SECTION 1. Hereafter any person or persons who may stop, or cause to be stopped, or impede, or cause to be impeded, or conspire together for that purpose, any locomotive engine, or any car,or cars, on any road in this state, by intimidation of those in charge thereof by force, threats, intimidation, or otherwise, of taking therefrom or causing to be delivered up to such person or persons forcing, threatening, or intimidating, anything of value, to be appropriated to his or their own use, shall be guilty of attempting train robbery, and, on conviction thereof, shall be punished by confinement in the penitentiary not less than two years nor more than twenty years.

SEC. 2. Any and all persons who may hereafter enter upon any locomotive engine, car or cars on any railroad in this state, and by threats, the exhibition of deadly weapons, or by the discharge of any pistol or gun on, in or near, any such engine, car or cars,

induce or compel any person or persons on such engine, car or cars to submit and deliver up, or allow to be taken therefrom, or from him or them, anything of value, shall be held guilty of train rob bery, and, on conviction thereof, shall be punished by imprisonment in the penitentiary not less than ten years nor more than twenty years.

See RIOT.

ROUT.

RULES FOR CONSTRUING STATUTES.

Sec. 584 (3765). Rules for construing statutes. R. C., c. 108, s. 2.

In the construction of all statutes, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the general assembly, or repugnant to the context of the same statute, that is to say:

(1) SINGULAR AND PLURAL NUMBER, MASCULINE GENDER, ETC.

Every word, importing the singular number only, may extend and be applied to several persons or things, as well as to one person er thing; and every word importing the plural number only, may extend and be applied to one person or thing, as well as to several persons or things; and every word importing the masculine gender only, may extend and be applied to female as well as to males;

(2) AUTHORITY OF PUBLIC OFFICERS, ETC., EXERCISED BY MAJOR

ITIES, UNLESS, ETC.

All words purporting to give a joint authority to three or more public officers or other persons, shall be construed as giving such authority to a majority of such officers or other persons, unless it shall be otherwise expressly declared in the law giving the author

(3) "MONTH" AND "YEAR."

The word "month" shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord";

(4) LEAP-YEAR, HOW COUNTED. R. C., c. 31, s. 108. 21 HEN.

III.

In every leap-year, the increasing day and the day before, in all legal proceedings shall be counted as one day;

(5) "OATH" AND "SWORN."

The word "oath" shall be construed to include "affirmation," in all cases, where by law an affirmation may be substituted for an oath, and in like cases the word "sworn" shall be construed to include the word "affirm";

(6) "PERSON" AND PROPERTY."

The word "person" may extend and be applied to bodies politic and corporate, as well as to individuals. The words "real property" shall be coextensive with lands, tenements and hereditaments. The words "personal property" shall include moneys, goods, chattels, choses in action and evidences of debt, including all things capable of ownership, not descending to the heirs at law. The word "property" shall include all property, both real and personal; (7) "PRECEDING" AND "FOLLOWING."

The words "preceding" and "following," when used by way of reference to any section of The Code, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference;

(8) "SEAL."

In all cases in which the seal of any court or public office shall be required by law to be affixed to any paper issuing from such court or office, the word "seal" shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto;

(9) "WILL."

The term "will" shall be construed to include codicils as well as wills;

(10) "WRITTEN" AND "IN WRITING."

The words "written" and "in writing," may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark;

(11) "STATE" AND "UNITED STATES."

The word "state" when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories so called; and the words "United States" shall be construed to include the said district and territories;

(12) "IMPRISONMENT FOR ONE MONTH," HOW CONSTRUED. 1879, c. 92, s. 4.

The words "imprisonment for one month," wherever used in any of the statutes, shall be construed to mean "imprisonment for thirty days."

Sec. 585 (3766). How parts of acts amended to be considered. 1868-'9, c. 270, s. 22. 1870-'1, c. 111.

Where a part of the statute is amended it is not to be considered as having been repealed and re-enacted in the amended form, but the portions which are not altered are to be considered as having been the law since their enactment, and the new provisions as having been enacted at the time of the amendment.

See SUNDAY.

SABBATH BREAKING.

SCHOOLS.

Sec. 586 (2592). Misdemeanor to disturb any school or temperance society, or to injure or set fire to any school house. 1881, c. 200, s. 63. 1885, c. 140. 1889, c. 199, s. 35.

Every person who shall wilfully interrupt or disturb any public. or private school, or temperance society or organization, or any meeting lawfully and peacefully held for the purpose of literary and scientific improvement or for the discussion of the subject of temperance or question of moral reform, either within or without the place where such meeting or school is held, or injure any school building or deface any school furniture, apparatus or other school property or property of any temperance society or organization, shall be guilty of a misdemeanor, and fined not exceeding fifty dollars or imprisoned not more than thirty days. Any person who shall wilfully set fire to, or procure the same to be done, any school house, shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the penitentiary or county jail, and may also be fined in the discretion of the court.

On indictment for disturbing or interrupting a public school it appeared that defendants, claiming the right to occupy a school-house, refused to surrender it to one who had been elected to teach a public school thereat and thus prevented a school being held there: Held, that defendants were not guilty. Spray, 113--686.

Sec. 587 (2554). County treasurer to receive and disburse school fund; his bond; misdemeanor, etc. 1881, c. 200, s. 25.

The county treasurer of each county shall receive and disburse all public school funds; but before entering upon the duties of his office, he shall execute a justified treasurer's bond, with security in double the amount of all public school moneys received by him or by his predecessor during the previous year, conditioned for the faithful performance of his duties as treasurer of the county board of education, and for the payment over to his successor in office of any balance of school moneys that may be in his hands unexpended, and the county board of education may, from time to time, if necessary require him to strengthen said bond, and in default thereof the members of the county board of education shall be guilty of a misdemeanor, and for any breach of said bond, action shall be brought by the county board of education.

NOTE. The bond is to be taken and approved by the board of county commissioners. See section 4, chapter 199, Laws of 1889.