Notes and Queries, Number 202, September 10, 1853: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Geneologists, etc.Various
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Notes and Queries, Number 202, September 10, 1853: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Geneologists, etc.
Various
Questions and answers -- Periodicals
Had the quotation been correct, it would have been better seen that I
no more make the day of majority begin a minute after midnight, than I
make the day of birth end a minute before midnight. A second, or even the
tenth of a second, would have done as well.
The _old reckoning_, of which I was speaking, was the reckoning which
rejects fractions; and the matter in question was the _day_. For my
illustration, any beginning of the day would have done as well as any
other; on this I must refer to the paper itself. Nevertheless, I was
correct in implying that the day by which age is reckoned begins at
midnight and I believe it began at midnight in the time of Ben Jonson.
The law recognised two kinds of days;--the natural day of twenty-four
hours, the artificial day from sunrise to sunset. The birthday, and with
it the day of majority, would needs be the natural day; for otherwise a
child not born by daylight would have no birthday at all. I cannot make
out that the law ever recognised a day of twenty-four hours beginning
at any hour except midnight. For payment of rent, the artificial day
was recognised, and the tenant was required to tender at such time
before sunset as would leave the landlord time to count the money by
daylight; a reasonable provision, when we think upon the vast number of
different coins which were legal tender. But even here it seems to have
been held that though the landlord might enter at sunset, the forfeiture
could not be enforced if the rent were paid before midnight. A legal
friend suggested to me that perhaps Ben Jonson had more experience of
the terminus of the day as between landlord and tenant, than of that
which emancipates a minor. This would not have struck me: but a lawyer
views man simply as the agent or patient in distress, ejectment, _quo
warranto_, &c.
A. E. B. twice makes the question refer to _usage_, whereas I was
describing _law_. If I were as well up in the drama as I should like to
be, I might perhaps find a modern plot which turns upon a minor coming of
age, in which the first day of majority is what is commonly called the
_birthday_, instead of, as it ought to be, the day before. Writers of
fiction have in all times had fictitious law. If we took decisions from
the novelists of our own day, we should learn, among other things, that
married women can in all circumstances make valid wills, and that the
destruction of the parchment and ink which compose the material of a deed
is also the destruction of all power to claim under it.
Public-domain text, read in full here on John Shaqi.
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