Date

is the designation or inof the time when it was made. This word is derived from the latin, datum, because when deeds and agreements were written in that language, immediately before the day, month and year in which they were made, was set down, it was usual to put the word datum, given. All writings ought to bear a date, and in some it is indispensable, in order make them valid, as in policies of insurance; but the date in these instruments is not inserted in the body of the writing, because as each subscription makes a separate contract, each underwriter sets down the day, month and year, he makes his subscription.

Marsh. Ins. 336.

Deeds, and other writings, when the date is an impossible one, take effect from the time of delivery, the presumption of law is, that the deed was dated on the day it bears date, unless, as just mentioned, the time is impossible; for example, the 32d day of January. The proper way of dating, is to put the day, month, and year of our Lord, the hour need not be mentioned, unless specially required; an instance of which may be taken from the Pennsylvania act, of the 16th of June, 1836, sect. 40, which requires the. sheriff on receiving a writ of fiert facias, or other writ of execution, to endorse thereon the day of the month, the year and the hour of the day whereon he received the same. In public documents, it is usual to give not only the day, the month and the year of our Lord, but also the year of the United States, when issued by authority of the general government, or of the commonwealth, when issued under its authority.

Vide, nerally, Bac. Ab. Obligations, C; Com. Dig. Fait, B 3; Cruise, Dig. tit. 32, c. 20, s. 1-6; 1 Burr. 60; 2 Rol. Ab. 27,1.

22; 13 Vin. Ab. 34; Dane’s Ab. Index, h. t. the act of giving something. It differs from donation, which is a gift; dation, on the contrary, is giving something without any liberality, as the giving of an office. Dation in payment, datio in solutum, which was the giving one thing in payment of another, which was due, corresponds nearly to the accord and satisfaction of the common law. - DATIVE, that which may be given or disposed of at will and pleasure.