Mark

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In a statute requiring designated courts " to mark and lay out the bounds and rules of the prisons in their several counties," " which marks and bounds shall be recorded by the clerk," is not used in a literal sense, requiring the court to fix visible marks. If the term is to be literally construed, the court should have perambulated the limits, and made their mark around the whole; nor would it suffice to have stones or monuments at convenient distances; for, as they are to mark the bounds, the mark must be everywhere, and consequently the stone or monument must surround the whole. Again, how mark 1 if it is to be done literally. Will a ditch around the limits suffice, or must a stone wall designate them t The word is not used in a literal sense. To mark is to point out, to settle, to define, to describe; and marking may be completed without fixing any visible marks or boundaries on the ground.

Allen v. Smith, 12 N. J. L. 159, 165.

A statute requiring commissioners for the division of C county to "mark the boundary line," and make out drafts, &c., requires the commissioners to determine the line by marks on the ground.

Keller V. Young, 78 Pa. St. 166.