Year: 1879

The Supreme Court Of Indiana has al.
frmed principle in respect to the com
putation of time which is likely to prove
of serious trouble to bankers and others
1t is that the 29th day of February and
the 2Sth day of February are to be com
puted as one day. The question be,
comes of special Importance now that
leap year (lSS0) is so close at hand
To illustrate: Suppose that a note be
drawn on the 2Sth of February, A. d.
1880, at one day after date. If the 2Sth
and 29th be counted as one day, then
the note would mature on the 4th OF
March, but otherwise on the I'd. If on
the Sd, clearly protest on the 4th would
not hold the indorsers. Vice versa, if
the rule of computation be to count
separately the 2sth and 29th of Febru-
ary, the protest on the 4th would be of
no avail. The question in Indiana was
suggested by the fact that there ten
days previous service of process is nee
eesary for q judgement. And the cause
having been begun in the last leap year,
1876, the process was not served in
time, if the 2Sth and Goth days Of Feb.
ruary were to be computed as one day.
And the court held that they must be
so counted. The decision rests on no
particular precedent of the courts of In
diana Or any particular statute of the
State. 1t is founded on the principle of
the common law, and is applicable in its
reasons to our own State as that Of In
diana. The pith of the decision is in
these words "It must be regarded as
settled in this State that the 2Sth and
29th days of February in every bisex-
tile year must be computed and
considered in law as one day. 1t has
been held by this court that the English
statue-2l Henry Ills in force in
this State. This statute, speaking OF
the 29th day of February, in leap year,
provides Compatitur dies lille ct dies
proxime precedent pro unico die.
(And that day, as well as
the day next preceding, shall
be computed as one day. This Eng
lish statute is recognized as part of
the law governing this State. The SER
vice of the summons was not sufficient
in law to Justify either the default ca
tered or the Judgment rendered" Of
the fact that this statute is of force in
this State there cannot be doubt for
our laws expressly provide that the
common law of England and all statues
and Acts Of Parliament made prior to
the fourth year Of the reign Of James
the First, and which are of a general
nature not local to that kingdom, which
common law and statutes are not repug.
nant to or inconsistent with the ConSti
tuition of the United States, the Consti
tuition of this State, or the statute laws
in force for the time being, shall be the
rule of action and decision in this State,
any law, custom or usage to the con.
trary notwithstanding" little laws,
section A. Turning to the sixth section
of the same Act, the only rule laid down
is that the word "month" shall mean a
calendar month, and the word "year'
shall mean calendar year unless other
wise expressed, and the word "year" be
equivalent to the words "year of our
Lord" and that the time within which
an act is to be done shall be COM
puted by excluding the first day and in
Guiding the last But if the last day be
Sunday it shall be excluded. Clearly
none OF these provisions shake the force
of the decision. And as this question of
time enters every department of COM
merce, of trade, of business, it becomes
important If wheat be bought with
thirty days option, or il. u work of man
ual labor be commenced, to be completed
within ninety days, or process must be
served within fifteen days, or note ma
lures within ninety days, and within the
term occurs the 29th day of February,
equally important to the determination
of the fulf&nent of the contract is the
question whether the 2Sth and Goth
days Of February arc to be separately, or
pro unico die, to be computed. And by
that rule are rights Of every litigant to
determined.


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