invalidating a deed entered for the benefit of parties according to the express wish of the testator (p).

So where a ship was warranted well on a particular day, and the policy was underwritten between one and three in the afternoon, but the ship was lost at about eight in the morning: the Court held, that if the ship were well at any time of that day it was sufficient, and a rule for setting aside a nonsuit was made absolute (q). Arbitrators were to make their award at or upon the 27th of March, and failing to do so, an umpirage was to succeed. The arbitrators had the whole of the 27th for

Again, in another case, Holt, C. J., said, that the last day of seven years was the end of the seven years, for there could be no fraction of a day, and before twelve o'clock at night is after the seven years. The beginning and end of the thing is part of the thing (s).

So in hiring and service, if a part of the day is included, the service is complete, as there is no fraction of a day (t).

Under the old bankrupt law, where the time for the bankrupt's last examination was enlarged, he was held to be protected from arrest during the whole of the last day (u).

So where an extent from the Crown and a commission of bankruptcy came into collision on the same day, the extent takes precedence, there being no division of the day as against the Crown (v).

(p) 15 Ves. 248, Lester v Garland.

(9) 3 T. R. 360, Blackhurst v. Cockell. See 1 B. & Ald. 672, Kirby v. Smith.

(r) 2 Vern. 100, Pring v. Pring.

(s) 2 Lord Raym. 1095, in Fitzhugh v. Dennington. S. C. 6 Mod. 259, cited and recognised 3 Wils. 274. See also 1 Lord Raym. 280.

(t) 1 T. R. 491, in R. v. Skiplam.

(u) Buck. 33, B. C. 424, Simpson's case.

(v) Bunb. 33, Rex v. Earl, this case is mentioned arg. 3 Moore, 748.

750.

An act of record will not admit any division of a day, but is said to be done the first instant of the day (w). So under the rule (x), that before taxation of costs one day's notice shall be given to the opposite party, a notice given before nine P. M. of one day, for the following day at twelve, was deemed a sufficient one day's notice (y).

Fraction of a Quarter of a Year.

The defendant having held over after the 24th of June, when the term ended, the rent being reserved quarterly, the plaintiff made his claim for double rent, but failed to do so till the 11th of August following. The plaintiff obtained a verdict for the double rent from the 24th of June to the 3rd of November, and for one year's single rent up to the 24th of June. But it was objected, that he could not have the double rent between the 24th of June and the 11th of August, for want of notice, and the defendant's counsel also insisted, that the plaintiff had been too late altogether in his demand for the double rent. On the other side it was admitted, that the double rent could not commence till the day of notice,-the 11th of August; but it was said, that the plaintiff ought to have the single rent from the 24th of June till the 11th of August. The Court held, that if the plaintiff took his verdict for the double value from the 11th of August, he could not recover the single rent, as upon an implied tenancy, with reference to the former holding, for the fraction of the quarter, between the 24th of June and the 11th of August. The verdict was, therefore, directed to be altered, and the rule for entering a verdict for the defendant was then discharged (z).

(w) Mo. 137. 141, Shelley's case.

(x) T. T. 1 Wm. 4, 1831.

(y) 4 Mees. & W. 66. 6 D. P. C. 667, Edmunds v. Cates.

8 East, 358, Cobb v. Stokes.

INDEX

OF THE

PRINCIPAL MATTERS AND STATUTES

MENTIONED IN THIS WORK.

A.

AFFIDAVIT,

where day need not be particularly mentioned, 5. 23.
where an omission of the month is fatal, 8.

AMENDMENTS IN DECLARATIONS,

extend to time, 4.

as in ejectment, 4.

ANNUITY,

monthly, how reckoned, 34.

with regard to the fraction of a day, 170.

APPEALS,

against orders of justices,-time, how calculated, 8.
calculation of days on, 146.

APPORTIONMENT,

with reference to time, 34.

for non-payment of money, rule for, cannot be served on Sunday, 85.

N

term of twenty-one days, how computed, 7.

day of arrest inclusive, 119.

BARREN LAND,

seven years, under 2 & 3 Edw. VI. c. 13, how the calculation was

made, 15.

on Sundays, 73.

BREACH OF THE PEACE,

has received a liberal construction when considered with reference
to Sunday, 90.

C.

CARRIAGES,

for hire, what may be used on Sunday, 71, 72.
CLEAR DAYS,

DATES-continued.

may be material upon demurrer, 22.

in affidavits, 23.

in criminal cases, 23.

impossible, or no date, 116. 135.

"from the date," or "from the day of the date," old distinction

respecting, exploded, 123.

if partly correct, it will suffice, 137.

illustrations of this point, 137.

DAY,

in law, 63.

dies juridici, 63.

terms, 64. See Sunday, Holidays, Fast Days.

in commercial matters, 104.

cases on demurrage, 104.

running days, 107.

for purposes of business, 108, 110.

concerning rent, 111.

cases on contracts, 111, &c.

of date and delivery, with regard to deed, 114.

calculation of, according to completion of act, 117, &c.

in awards, inclusive, 118.

in bankruptcy, the arrest is inclusive, 119.

distinction between "the date" and "the day of the date" exploded,

123.

the principle ut res magis valeat quàm pereat preferred, 126.

and, in the case of Pugh v. The Duke of Leeds, decided accord-
ingly, 127.

other cases, 128, &c.

Lester v. Garland, 130.

calculation from one feast day to another, 140.

one inclusive, and one exclusive, instances of, 144.

both days inclusive, instances of, 148.

"at least,' 99

"clear days," 150.

or full days, 151.

"forthwith," "immediately," 153.

"next ensuing," 156.

"last past," 157.

"until," or "to," 157.

"in or about," 160.

See Fraction.

DECLARATION,

date of, 5.

may be delivered at any time within a year, 36.