Notes and Queries, Number 219, January 7, 1854: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc.Various
History
Notes and Queries, Number 219, January 7, 1854: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc.
Various
Questions and answers -- Periodicals
_Attainment of Majority_ (Vol. viii., pp. 198. 250.).--In my last
communication upon this subject I produced undeniable authority to prove
that the law did not regard the fraction of a day; this, I think, A. E. B.
will admit. The question is, now, does the day on which a man attains his
majority commence at six o'clock A.M., or at midnight? We must remember
that we are dealing with a question of _English_ law; and therefore the
evidence of an English decision will, I submit, be stronger proof of the
latter mode of reckoning than the only positive proof with which A. E. B.
has defended Ben Jonson's use of the former, viz. _Roman_.
In a case tried in Michaelmas Term, 1704, Chief Justice Holt said:
"It has been adjudged that if one be born the 1st of February at eleven
at night, and the last of January in the twenty-first year of his age
at one o'clock in the morning, he makes his will of lands and dies, it
is a good will, for he was then of age."--_Salkeld_, 44.; _Raymond_,
480, 1096; 1 _Siderfin_, 162.
In this case, therefore, the testator was accounted of age forty-six hours
before the completion of his twenty-first year. Now, the law not regarding
the fraction of a day, the above case, I submit, clearly proves that the
day, as regards the attainment of majority, began at midnight.
RUSSELL GOLE.
_Lord Halifax and Mrs. C. Barton_ (Vol. viii., pp. 429. 543.).--In answer
to J. W. J.'s Query, I beg to state that I have in my possession a codicil
of Mrs. Conduit's will in her own hand, dated 26th of January, 1737. This
document refers to some theological tracts by Sir Isaac Newton, in his
handwriting, which I have. On referring to the pedigree of the Barton
family, I find that Colonel Robert Barton married Catherine Greenwood,
whose father lived at Rotterdam, and was ancestor of Messrs. Greenwood,
army agents. His issue were Major Newton Barton, who married Elizabeth
Ekins, Mrs. Burr, and Catherine Robert Barton. I find no mention of Colonel
Noel Barton. The family of Ekins had been previously connected with that of
Barton, Alexander Ekins, Rector of Barton Segrave, having married Jane
Barton of Brigstock. The writer of this note will be obliged if J. W. J.,
or any correspondent of "N. & Q.," will inform him if anything is known
respecting an ivory bust of Sir Isaac Newton, executed by Marchand or
Marchant, which is said to have been an excellent likeness.
S. X.
[The ivory bust referred to by our correspondent is, we believe, in the
British Museum.]
Public-domain text, read in full here on John Shaqi.
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