The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-16

ary "a. both inclusive, and the publication In that
January rs to January 81, both Inclusive and the
publication In mat week was on January ~; The
fourth wees was from hruary to February ].
BOTH inclusive ana the publication that week was
on February l; the ritn week was from February
20 February H. both Inclusive ana the publication
IN that week vas on February To-
In support of this mode gf computation the case
Bowen vs. Arga ga Wendell 400, "a :slled on. In that
case me question AROSE q Tue n,ntR section o. enc
s Sonw ,.e :, leo section o. when :@cvIdes as
tvn n~sI Ine partners shall puolsk enc terms OF
wv citizenship, when registered, for at beast SIX
weeks, Immediately after such registry, in two
county IN Which sncS resisry shah Se made and 10
be published in the senate district in when their
business shall be carried on ard Il such pu6ca,
Of the terms or the partnership wa
mated SIX times--namey on the nth and 24,b Of
september and the ls&, Sth, 18th ana 22d days OF
Ociooer-the space intervening between TN day
before the nrst day OF publication and the V.y after
the last day Of publication being thirty-Y,x days
me objection was taken that the notice ought to
that az all events there should nave hen SIX weeks
between the first ana last publicauoys. From the
Gay Of the first publication to me dSy Of the last
dav OF each publication 70 the day OF
tne next succeeding publication was space
oil exactly seven days IN each instance. The Court
held that the words IN the ninth section 'for at
least SIX weeksn meant ''0nce III each week Tor at
least six weeks" and not publication daily for
weeks; ana that a publication in the first week i'm
mediateIy ensuing the registry, duly followed by a
repcution Tor the next i've weeks was sufficient
The notice was repeated five times after the first
publication AT an interval OF seven days between
each time. In the present case. the publication
beng required to be "Once i'll eacn week for four
weeks" there ought by. analogy 10 have been one
publication, and then a repetition three nme5
after the first publication at an interval OF
seven days between each Of the four times NO
such sequence OF publication TOOK place ia the
present case rhe Court says In Bowen w. Argall,
"a publication once in each OF the ensuing SIX
weeks'-that Is once in each OF the SIX weeks en-
suing the reRistry-"ls SUFFICIENT. The statute
counts by weeks, taking one day, no matter which,
II according to the common sense Of weekly publ-
cation IN eacn week. Thus the full term OF forty.
two days anu more'-tne registry having been
TINS case. One publication In each six consecutive
weeks Of seven days each, the first publication
beng within the first seven days after the regis
Try, satisfied the statute IN respect TO time OF
publication. Each single publication In each week
represents and should be reckOned Tor days. y
When any day OF the week IS taken for the first
publication IN paper, that same day Of the week
must be taken for each OF the succeeding publIca
tons.
state paper having been on the nth OF January the
notice should have been repeated IN that paper three
times at intervals OF seven days each. namey:-On
the 18th anu 18th days OF January and the lst day
February This was observed with regard to the
publication in the New York Times. The first pub.
%e n Of e snceeesns s'eR
cations were on the 18th and 26ln days
OF January and the "a day OF February. There was
Tour consecutive weeks OF seven days ensuing the
llth OF January. The first OF such weeks OF sever
days each comprised the l2th l3th l4th, 18TH, 10th
IIth and 18TH days OF January, and there was NJ
publication on any one OF those days. me case o.
Bowen W.. Argall Is an authority against the regu
larity OF the publication In this case. am satisfied
that the correct Interpretation OF the statute is the
one have indicated, and that The practice under II
Is In accordance with sucn Interpretation. No de-
probation has been brought to my notice. The mo.
ton 10 confirm the report IL granted.