4 Me. 298 | Me. | 1826
The opinion of the court was delivered in Cumberland at November term 1826, as follows, by
This case presents two questions; 1st, are the defendants estopped to contest the question of the pauper’s settlement? 2d. If not, is that settlement in China ? As to the first point ; — the words of the statute of 1821, eh. 122, relating to the subject are — “and if such removal is not effected nor objected “ toby them,in writing, after such notice, to be delivered in writ- “ ing, within two months after such notice to the overseers of “ the town,” &c. &c. The notice was given to China, Oct. 20, 1823 ; and the answer was given to Windsor, Dec. 20, 1823. If the day on which the notice was given to China is to be included in the computation of time, the answer was given too late ; but if excluded, then it was returned in due season. The difference between the hours of the days on which the notice and answer were given, can be of no importance in the present case. By a fiction of law there are no fractions of a day, except in some particular cases, where the fiction is made to give place to the exact truth, to ‘ prevent injustice, and for the purpose of ascertaining the priority of acts done on the same day,
A distinction appears in the books to have been made between the common law and the law merchant, on this point; in the latter case, the day of the date of a bill of exchange or of an accep
Judgment on the verdict.