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derstanding, and are the 247. business of courts and pacic Fes acmari and service of legal actions and met ones s general, the law, while I does at TILIZ

day to rest and fest

In a sense. Sunday sa boda, or a beater

does not include Sundays: hem Surat.

expression.

I

The decision cited by the editor of Boemer sun 1. T. FOTO: the definition. As this cases frequency set i and ready way, it is, in te ver, vody of action had been tried before ace of the pace twenty-third day of February, 19 won was Kinar Statute of Wisconsin . darcy ímate me ing of any court for trai te that day, seng i ega day. The judgment of the justo u terary and it was mere ducta, for the justice of the Supreme Dima add, that the justice would have had no actors to case on that day, being a holday or és un már though the express prohibition of the Statute sat seem The result of such dit is the line of sections were me courts are driven to distinguish legal burners from

ness, along the shadowy lines of acknow edgements Storytions and similar unsolemn lega Acta. The true defiemon depends upon the Statutes, loosely worded and erotetuly drawn as they are.

At common law, Sunday was deened a an-unda. tr. orig courts could transact any business or render my decree are I law, some of the days which, der our prance, are demet in-priora. unknown as such; and when they are so declares the mice wILE the prohibition extends no further than a lamed a te skrue

re Worthington, 1877, U. S. Cr GT 1 Ra; Bus 455 45

This avoidance of such construction as would render a lega holiday statute almost equivalent to a Sunday law received strong endorsement in New Jersey, whose statutes prohibit compulsory labor and court sessions. As. issued, tested, and served on a general election day, was -pheld, MAGIE, J., saying

The statutory declaration that these days shall be legal boladays, does not adcate an intent to assimulate their statu: to that of Sunday, Holiday," present

Local prejudice is not sufficiently established, under the Act of Congress of March 3, 1887, by an affidavit of the party, stating that he has reason to believe and does believe that he will not be able to obtain justice in the State Court. Minnick v. Union Ins. Co., U. S. C. Ct., W. D. Mich., Nov. 26, 1889.

TAXATION.

Real estate owned and occupied by a school, which is incorporated under an Act empowering the creation of corporations to establish, maintain and conduct a seminary of learning," the only business of such corporation being the maintenance of such a seminary, with the usual studies pursued, and its expenses being met by tuition charges, is not taxable under an Act which exempts such real estate of "scientific institutions" as is occupied by them for the purposes for which they were incorporated; nor does the fact that on one occasion the institution declared a dividend, remove the exemption, as the remedy, if this was a misuse of its funds, would be by a direct proceeding to restrain and punish the corporate abuse, and not by taxation. Detroit Home and Day School v. City of Detroit, S. Ct. Mich., Oct. 18, 1889.

TELEGRAPHS.

License tax cannot be imposed by a municipality upon a telegraph company engaged in interstate commerce, and an ordinance which imposes upon such company license fees amounting to more than four times the annual cost of supervising and controlling its wires and poles for the protection of property and person, is unreasonable and levies a tax, and is consequently void. City of Philadelphia v. Western Union Tel. Co., U. S. C. Ct., E. D. Pa., Oct. 28, 1889.

Mental suffering, caused by the failure of a telegraph company to deliver a message, will not of itself support an action for damages. Rowell v. Western Union Tel. Co., S. Ct. Tex., Nov. 5, 1889.

WILLS.

Direction to executors to provide for the maintenance of the daughter of the testatrix during her minority, and thereafter to pay her yearly a certain sum until she attains the age of thirty-five, also to manage the estate until she attains that age and then transfer it to her absolutely, followed by a provision that, in case of the daughter's death prior to attaining that age, the property shall go to her issue upon the same trusts, and upon their death to the husband of testatrix, if he is then living, vests in the daughter an absolute estate, free from trusts, immediately upon the death of the husband, although she has not at that time reached the age of thirty-five. Bennett v. Chapin, S. Ct. Mich., Nov. 8, 1889.

Lapse of legacy to one who dies in the life-time of the testator, will not be prevented by the legatee bequeathing to his wife "all my estate that is coming to me from the first testator, although it is shown that the latter intended the widow to take what had been originally bequeathed to her husband. Dixon v. Cooper, S. Ct.

Tenn., Oct. 26, 1889.

JAMES C. Sellers.

THE

AMERICAN LAW REGISTER.

MARCH, 1890.

LEGAL HOLIDAYS.

I. DEFINITIONS.

Notwithstanding the distinction drawn by the great American Lexicographer, between a holiday and a holyday, whereby the latter should be used as the proper term for a religious festival, while the former should rather denote a day of exemption from labor and of amusement, joy and gaiety, the common impression seems to liken both the holiday and the holyday to the great weekly day of rest and legal inaction. It is not improbable that this confusion of thought has arisen from the distinctively religious character of many established holidays, together with the more or less complete disestablishment of State religion, in the United States. How this may occur, may be surmised from a quotation:

There are, it is said, two kinds of Holidays, ecclesiastical and state; the former established by the church, the latter by the state. In this country we cannot recognize the ecclesiastical holidays, for we have no established church, and affairs of state are carefully separated from ecclesiastical matters: Elliott J. Hadley v. Musselman (1885), 104 Ind. 462.

It is no longer true that a holiday, as established by law, is, as described by Milton and quoted by Noah Webster, that day, in law or meteorology, when

Young and old come forth to play,
On a sunshine holiday.

137

Nor that of Richardson

Holi-day—a day of rest. [e. g.] The same bell that called the great man to his table, invited the neighborhood all around, and proclaimed a holiday to the whole country. (Hurd. Dial. Age of Eliz.)

Dr. Worcester indicates the true definition in words which need supplementing, in legal language, though still adhering to that distinction of Noah Webster which is the only reliable guide to a correct solution of the practical problem, as to what may be done upon an American Legal Holiday.

The holidays are considered, in England, to be those days, exclusive of Sundays, on which no regular public business is transacted at public offices. They are either fixed, or variable. The variable are seven, viz: Ash Wednesday, Good Friday, Easter Monday and Tuesday, Holy Thursday, Whit Monday and Tuesday.

The course of correct understanding is barred, however, to many of the legal fraternity, by the unfortunate definitions of the Law Dictionaries. Thus Bouvier, after quoting Webster, as above, concludes

A legal holiday is, ex vi termini, dies non juridicus: Rawle's Bouvier, vol. 1, P. 753, citing Lampe v. Manning (1875), 38 Wis. 673.

A recent writer is more commendable:

A secular day, on which the law exempts all persons from the performance of contracts for labor, or other personal services, from attendance on court, and from attention to legal proceedings: Anderson.

However, this last definition does but accord with two less popular of the dictionaries, and is not correct in principle; thus

A day of exemption from labor; a day of amusement; a day, or number of days, during which a person is released from his every-day labours: Ogilvie, ed. 1882, Vol. 2, p. 514.

A day of freedom from labour; a day of joy and gaiety: Stormonth, ed. 1885, P. 451.

Benjamin Vaughan Abbott's Dictionary of Terms and Phrases (1879), gives an imperfect definition, but also explanatory notes of much value

A secular day, upon which the usual obligations of labor, attendance upon court, and attention to notices and service in legal proceedings, are, by law, remitted.

The important thing is that the days in question are excepted, by common understanding, and without express reservation, from many contracts for labor; the business of courts and public offices suspended; presentment of commercial paper and service of legal notices and civil process is disallowed or excused; and, in general, the law, while it does not require, encourages the appropriation of the day to rest and festivity.

In a sense, Sunday is a holiday; but, as the latter word is usually employed, it does not include Sundays; thus Sundays and holidays, is a common and correct expression.

The decision cited by the editor of Bouvier does not sustain the definition. As this case is frequently cited in this short and ready way, it is, in that view, worthy of examination. An action had been tried before a justice of the peace, on the twenty-third day of February, 1874, which was Monday. The Statute of Wisconsin (infra), distinctly forbade the opening of any court for trial on that day, being a legal holiday. The judgment of the justice was necessarily reversed and it was mere dicta, for the Justice of the Supreme Court to add, that the justice would have had no authority to try the case on that day, being a holiday, or dies non juridicus, even though the express prohibition of the Statute had been omitted. The result of such dicta is the line of decisions, where the courts are driven to distinguish legal business from lay business, along the shadowy lines of acknowledgements, depositions and similar unsolemn legal Acts. The true definition depends upon the Statutes, loosely worded and erroneously drawn as they are.

At common law, Sunday was deemed a non-juridical day, during which no courts could transact any business, or render any decree. Of course, at common law, some of the days which, under our practice, are deemed non-juridical, were unknown as such; and when they are so declared, the inference would be that the prohibition extends no further than is named in the statute: Drummond, J. In. re Worthington, (1877), U. S. Circ. Ct. W. Dist., Wis. 7 Biss. 455, 456.

This avoidance of such construction as would render a legal holiday statute almost equivalent to a Sunday law, received strong endorsement in New Jersey, whose statutes (infra,) prohibit compulsory labor and court sessions. A suminons issued, tested, and served on a general election day, was upheld, MAGIE, J., saying—

The statutory declaration that these days shall be legal holidays, does not indicate an intent to assimulate their status to that of Sunday. "Holiday," in its present,

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