This is a process under Gen. Sts. c. 86, § 42, to search for intoxicating liquor a tenement in a house occupied *333by John Trainor, and must be deemed to be a process to search a dwelling-house. Commonwealth v. Certain Intoxicating liquors, 6 Allen, 599.

The allegation relied upon to justify the search of this dwelling-house is in these words: “ the same being a place of common resort.” We cannot regard this phraseology as sufficient to satisfy the requirements of Gen. Sts. c. 86, § 43, by which “ no warrant shall issue for the search of a dwelling-house unless a tavern, store, grocery, eating room or place of common resort is kept therein.” There may be a place commonly resorted to or of common resort which is not kept as such by any person. But the statute contemplates a place kept for the purposes of common resort; i. e. appropriated to such purposes by the occupant, keeper or person having the control of the premises.

It has been adjudged that the averment that a defendant kept a tenement used for illegal gaming was not equivalent to one that he kept a tenement resorted to for that purpose. Commonwealth v. Stahl, 7 Allen, 304. The statute now under consideration calls for the application of a similar distinction, which the strict rules of criminal pleading require us to recognize and maintain.

Exceptions sustained. Proceedings to be quashed *