The Catholic World, Vol. 01, April to September, 1865: A Monthly Eclectic MagazineVarious
Religion
The Catholic World, Vol. 01, April to September, 1865: A Monthly Eclectic Magazine
Various
Catholic Church -- Periodicals
The nick of time is not less an important matter in reference to
single deaths, under various circumstances. People are often very much
interested in knowing whether a certain person is dead or not. Unless
under specified circumstances, the law refuses to kill a man--that is,
a man known to have been alive at a certain date is presumed to
continue to live, unless and until proof to the contrary is adduced.
But there are certain cases in which the application of this rule
would involve hardship. Many leases are dependent on lives; and both
lessor and lessee are concerned in knowing whether a particular life
has terminated or not. Therefore, special statutes have been passed,
in relation to a limited number of circumstances, enacting that if a
man were seen alive more than seven years ago, and has not since been
seen or heard of, he may be treated as dead.
The nick of time occasionally affects the distribution or amount of
property in relation to particular seasons. Some years ago the
newspapers remarked on the fact that a lord of broad acres, whose
rent-roll reached something like £40,000 a year, died "about midnight"
between the 10th and 11th of October; and the possible consequences of
this were thus set forth: "His rents are payable at 'old time,' that
is, old Lady-day and old Michaelmas-day. Old Michaelmas-day fell this
year on Sunday, the 11th instant. The day begins at midnight. Now, the
rent is due upon the first moment of the day it becomes due; so that
at one second beyond twelve o'clock of the 10th instant, rent payable
at old Michaelmas-day is in law due. If the lord died before twelve,
the rents belong to the parties taking the estates; but if after
twelve, then they belong to and form part of his personal estate. The
difference of one minute might thus involve a question on the title to
about £20,000." We do not know that a legal difficulty did arise; the
facts only indicate the mode in which one might have arisen. Sometimes
that ancient British institution, the house clock, has been at war
with another British institution, the parish church clock. A baby was
born, or an old person died, just before the house clock struck twelve
on a particular night, but after the church clock struck. On which day
did the birth or death take place--yesterday or to-day? And how would
this fact be ascertained, to settle the inheritance of an estate? We
know an instance (not involving, however, the inheritance to property)
of a lady whose relations never have definitely known on which day she
was born; the pocket watch of the accoucheur who attended her mother
pointed to a little before twelve at midnight, whereas the church
clock had just struck twelve. Of course a particular day had to be
named in the register; and as the doctor maintained that his watch was
right, there were the materials for a very pretty quarrel if the
parties concerned had been so disposed. It might be that the nick of
Public-domain text, read in full here on John Shaqi.
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