tion which would agree with such days, and not one which would yield only 168 days, or lunar month days. So the six months upon the Statute of Usury was accounted half a year according to the almanac, and not according to twenty-eight days in the month (a). The same may be said of the Statute of Labourers, and the reason is, because in those statutes the year is mentioned (b). We have said that, as of course, where any statute speaks of calendar months, its direction is imperative. It may be added, that the Courts will take notice of the statute in that respect, although it is not pleaded, and that they will likewise refer in like manner to the interpretation clause, in order to explain the word "month." As where, in 6 & 7 Vict. c. 73, the bill of an attorney is ordered to be left with the client for one month before any proceedings are had thereupon; the interpretation clause declares that "month" shall mean calendar month, but the section above mentioned respecting the bill merely uses the word "month." Here the Courts will recognise the clause, although no reference is made to it in the pleading. And, therefore, in an indictment for perjury, where it was alleged that the prosecutor delivered his bill, and, after the expiration of one "month" from such delivery, one A. B. took out a summons before a Judge, under 6 & 7 Vict. c. 73, to shew cause why the bill should not be referred for taxation, the Court held, that inasmuch as each count referred to the statute, although no averment as to the calendar month appeared, yet that the word "month" should be construed, in conformity with the interpretation clause, to mean calendar month (c). Nevertheless, a demurrer will not be set aside as frivolous because it uses the word "month," instead of " calendar month" (d). (a) Noy. Rep. 37, by Popham, C. J., and none gainsayed it. (b) Jenk. 282, pl. 2. (c) 17 L. J., M. C. 93, Ryalls v. Reg., affirmed in error. M. C. 69. S. C. 11 Q. B. 781. (d) 5 Dowl. & L. 21, Parker v. Gill. 18 L. J., 63 SECTION IV. OF THE "DAY." THE term "Day" has created as many difficulties in legal discussions as any other portion of time. We will consider this subject, first, with respect to the day itself; secondly, to the fractions of it. We shall shew, that although the law does not always recognise fractions of time-on the contrary, that it rather repudiates them,-yet that there are occasions when it becomes necessary to advert to such minute parts, in order to give effect to the justice of the particular case. These legal days may be ranged under the heads of:1. Dies juridici et non juridici. 2. Sundays and holidays. Term. Lord Coke observes, that dies juridici are only in the Term, 1. Dies and that there are also in the Term dies non juridici (a). But juridici. an exception is mentioned, namely, that the days of the assizes may be considered to be dies juridici (b). The Sabbath Day is not such a legal day, for that ought to be consecrated to Divine Service (c). In Hilary Term, the day of the Purification, and the Feast of the Ascension, if in Easter Term, are not dies juridici, but were set apart for Divine Service by the ancient Judges and sages of the law (d). (a) Co. Litt. 135 a, citing Brit. fol. 134 a. 2 Inst. 264. As to judicial cognizance of terms, see ante, p. 2, and as to the Terms before the alteration by the statute of 1 Wm. 4, c. 70. See 6 Mod. 250, Davy v. Salter. The almanac is good evidence to prove the day of the week by the day of the year; as that the 16th of January was on a Sunday. Cro. El. 227, Page v. Fawcet. By 11 Geo. IV. & 1 Wm. IV. c. 70, s. 6, Hilary Term was fixed to begin on the 11th and to end on the 31st of January. Easter Term (formerly subject to the Feast of Easter), to begin on the 15th of April and to end on the 8th of May. Trinity Term (subject also, before the act, to the Feast of Easter, and shortened by reason of infection arising from the heats since the time of Littleton) (e), to begin on the 22nd of May and to end on the 12th of June; and Michaelmas Term (abbreviated by stat. 24 Geo. II. c. 48) (ƒ), to begin on the 2nd and end on the 25th of November. By 1 & 2 Wm. IV. c. 3, s. 3, should any Term end on a Sunday, then the Monday next shall be deemed and taken to be the last day of the Term. By 11 Geo. IV. & 1 Wm IV. c. 70, s. 6, if the whole or any number of the days intervening between the Thursday before and the Wednesday next after Easter Day, shall fall within Easter Term, there shall be no sittings in banc on any of such intervening days, but the Term shall in such case be prolonged, and continue for such number of days of business as shall be equal to the number of intervening days before mentioned, exclusive of Easter Day, and the commencement of the ensuing Trinity Term, shall, in such case, be postponed, and its continuance prolonged for an equal number of days of business. Nevertheless, by 1 Wm. IV. C. 3, s. 3, in case any of the days between the Thursday before and the Wednesday next after Easter Day shall fall within Easter Term, then such days shall be deemed and taken to be a part of such Term, although there shall be no sittings in banc on any of such intervening days. A whole Term is considered to be but one day in law (g), but this must be understood with some restriction. For, not to mention other examples, the date of a declaration is now (e) Co. Litt. 135 a. 2 Inst. 265. directed to be the day on which it is filed, and no mention of the Court or Term is necessary. If, therefore, the declaration be filed in Term time, it has reference to the particular day, and not to the Term generally. So where a seal in Chancery continues more than one day, the time is only viewed as a continuance of the first day (h). sizes. The assizes are considered but one day in law. So that if The asa party should die on the first day of the assizes, the trial of his record may still be had, and the verdict in his favour will be sustained. But if he die on the day before the assizes, it is otherwise. Yet in such a case the Court refused to arrest the judgment, but left the defendant to his writ of error, in order that the point might be put in issue and tried by a jury (i). So the day of an assize writ purchased was considered in law to mean all the day of the plea, so that although the tenant aliened on that same day, the writ was not to abate. In such a case the demandant was awarded his seisin (k). So, by fiction in law, the whole Term, the whole time of the assizes, and the whole session of Parliament may be, and sometimes are, considered as one day. Although a matter of fact may overturn the fiction occasionally, in order to do justice between parties (7). So during the period when it was allowed to entitle declarations generally, a declaration intituled of the Term, related to the first day of the Term. And as ancient pleadings were conducted ore tenus, the breach laid in the declaration might well be presumed to have happened before the delivery of the declaration, because the parties could not declare until the (h) 1 P. Wms. 522, Anon. (i) 1 Salk. 8. 2 Car. & K. 200, Re Oxfordshire Sheriff. F sitting of the Court (m). 2. Sundays or Holi days. Sunday. Attendance at church. And the Court is bound to take Sunday, or the Lord's Day, was, during a considerable period, regarded with strictness by the Law of England. It was dies non juridicus (o)—it was statutably set apart from the service of process and legal proceedings generally—it was kept holy by acts of the legislature in respect of sports and pastimes, and likewise as to matters of secular business-acts of necessity permitted to be done, as exceptions, proved the vigilance of the rule; and whilst there were punishments for not observing it in a temporal sense, there were penalties for neglecting to attend to its religious requirements. With the exceptive in. stances of works of necessity, and of the legal rule which prevents a person from advantaging himself of his own wrong by making the Sunday available to defeat the ends of justice, or to avoid his own contracts, the inclination of the English Legislature, conformably with the common law, has been to preserve the Lord's Day in its integrity. Latterly, however, not only have the fines and imprisonments connected with the non-observance of the public services of the Church of England been removed, whilst, again, there has been no addition to the stringency formerly adopted with reference to this day, but struggles likewise are being made to restrict the laws which now exist upon the subject within their narrowest circle.* We will first mention, shortly, that the laws respecting the discipline of the Church on Sundays have been altogether repealed as to compulsory attendance there. They are now scarcely more than matters of history by reason of a statute, which bears the title of "An Act to relieve Her Majesty's Subjects from certain Penalties and Disabilities in Regard to (m) 1 T. R. 116, Pugh v. Robinson. 2 Lev. 176, Dobson v. Bell, acc. See Sty. 72, Symons v. Low. 2 Bing. 469. 10 Moore, 194. M'Cl. & Y. 202, Ruston v. Owston, (in error). (n) Dobson v. Bell, supra. 1 T. R. 118, per Buller, J. And, moreover, it will be desirable for the reader to observe the proceedings in Parliament upon this subject, because a bill has been before Parliament for more than one session which contemplates some alteration in these laws. |