Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1906-07-18
WHEN is A MAN cir
Think a Moment Before You Attempt
az Answer the Question


40 Answer the Question.
1T Il often said that law is applied
common sense" said professor OF the
Yale Law school the other day. while
Il is true ibnt law principles originated
In common sense. the law Itself IL tho
combined experience or many men. for
no two men urinstructed I'm law will
agree rs to what Is applied common
tcHsc.
hen there are many rules OF law
which undoubtedly have n commo,.
sense o-lJp. but. conditions having
changed history fails 10 DISCLOSE this
origin. Yet these very rules must De
retained III order not 10 shake personal
tnd property rights. Therefore no man
can depend on his own uninstructcd
common sense 10 know the law.
To drive this statement home 7 have
frequently put 10 an incoming law
class the question. when does an In
FAINT become N ager The answer "a
always unanimous. when he Is TWEEN
ty-One years old
The next question appears ridden
lous TO some and makes them laugh.
while others set their alleged common
sense M work and never with correct
result when Is man -twenty-one
years oldy
"One student says. ON his twenty
first birthday but OF course he does
not mean II, for he Is about a year ont
OF the way. Another ventures. ON the
twenty-first anniversary Of his birth
day This sounds better. but even II
correct Is not specific enough. when
he has completed his twcnty-frst ami
versary.' AT the beginning OF that dav'
and ON his twcnty-first anniversary.
at the precise hour Of his birth are
other answers.
and then I surprise the guessers nv
saying that they are all wrong.
I'm computing time II IL general
rule that the law disrcgards part OF n
day. In applying this rule. suppose n
man was born just one minute before
midnight on Jan. =. 1850.
AT midnight ne had lived hut one
minute. yet the day on which he was
born was ended and the law consid-
cred him one day old. SO I'm computing
the twenty-one years which man
must live I'm order TO reach his maiori-
" we do not begin with the moment OF
birth. but with the commencement OF
the day Of his birth.
Now, since we must start with the
first moment Of Jan. .. 1850. II Is per.
haps natural 20 say that this man did
not become twcnty-one years old until
the close of Jan. 1. 1901. Mathematics
ally speaking. this IS true.
''Twenty-onc years In that sense re-
quircs that the last moment Of Jan. 1.
1901. should have arrived In order IN
make the man Of age. AMI obviously
he was Of agc at that point OF time.
But here again the rule Is applied.
"As the man was OF age on the last
moment Of Jan. 1. the law disrcgards
the entire part Of the day Intervening
between the first moment AMI the last.
and consequently hc became I'm law
twcnty-Onc years old on the first mo-
mcnt of Jan. l. 1901. the day preceding
the twcnty-iirst anniversary Of his
birthday
This rule IS a part Of what is known
as the common law and IS applied I'm
this country I'm all states where the
common law or England has been
adopted and remains Exchanged by
statute. 4 man may y - or make n
valid will on the day preceding the
twcnty-0rSt anniversary OF his birth
day. although the right I'm the one case
and the capacity in the other are given
only 20 persons who have reached the
age OF twcnty-one years. New York
sun.