Nunc pro tunc

I. I. Now for then; a term applied to such acts as are allowed to be done after the time when they should have been done, with the same effect as if they had been done At the proper time.

Lat. Now for then. A phrase applied to acts allowed te be done after the time when they should pe done, with a retroactive effect, ¢. ¢., with the same effect as if regularly done.

Now for then. Said of a thing done in the present time which is to have the same effect as if it had been done at a time gone by, when it should have been done.' > [Salter v. Hilgen, 40 Wis. 365(1876); Jenness v. Lapeer Circuit Judge, 42 id. 471 (1880); Mac Namara, Nullities, &c., 4; 85 Tex. 530. 2L. numerus. The Eng. "No." is from numero, in number. s Chase v. aeveland, 44 Ohio St. 513 (1886). ■■ See E. S. § 1; 1 Bl. Com. 88; State v. Main, 31 Conn. 574-75 (1863), cases; State v. Nichols, 83 Ind. 228 (1882), cases; 87 id. 54; 71 Ala. 157; 29 Kan. 734; 54 Mieh. 243, Thus, when a party has omitted to take some step which he ought to have taken, as, to file the service of a notice or a pleading, the court will sometimes permit him to do it after the proper time has passed, and accord to it the effect it would have had if regularly done in due season. A decree nunc pro tunc is admissible where a decree, which was ordered or intended to be entered, was omitted by inadvertence of the court. ^ Courts always have power over their own records to make them conform to what was actually done at the time, nunc pro tunc.^ Every court has a right to judge its own records and minutes; and if it appear that an order made at a former term was not entered of record, it may at any time direct it to be entered as of the term when made, whether the proceeding be criminal or civil. a Whether an order for entry of judgment nunc pro tunc shall be made is a matter of discretion with the court, to be exercised as justice may reo[uire, in view of the circumstances of the case.' See Actus, Curiae; Laches; Term, 4.

I. Now for then, retroactive.

Now for then. A phrase applied to acts allowed to be done after the time when they should be done, with the same effect as if done at the proper time. Leave of coui't must be obtained for the doing of things nunc pro tunc; but leave is granted freely to subserve the purposes of justice. Even a judgment has been ordered to be entered nunc pro tunc; but usually only where delay has arisen from the act of the court itself. When a party has omitted to take some step which he ought to have taken, — as to file an afiidavit or to enter up' judgment, for instance, — the court will sometimes permit him to do it after the proper time has passed done; and this, in the case of the affidavit, is called filing it nunc pro tunc, or, in the case of entering up judgment, is called entering it nunc pro tunc; i.e., doing it now for (or instead of) then. By rule No. 56 H. T. 1853, all judgments, whether interlocutory or final, shall be entered of record of the day of the month and year, whether in term or vacation, when signed, and shall not have relation to any other day; but it shall be competent to the court or a judge to order a judgment to be entered nunc pro tunc. Under this rule, a judgment is frequently allowed to be entered nunc pro tunc, where the signing of it has been delayed by the act of the court; and usually in the case of the death of a party, e.g. if a party dies after special verdict, or after a special case has been stated for the opinion of the court, or after a motion in arrest of judgment, or for a new trial, or after a demurrer set down for argument and pending the time taken for argument, or while the court is considering its judgm'ent. The power to order judgment to be entered nunc pro tunc belongs, at common law, to the courts. Broum. By the judicature act, 1875, 1st sched. ord. xli. r. 2, where any judgment is pronounced by the court or by a judge in court, the entry of the judgment shall be dated as of the day on which such judgment is pronounced; and the judgment shall take effect from that date. And, in other cases, by rule No. 3, the entry of judgment shall be dated as of the day on which the requisite documents are left with the proper officer for the purpose of such entry; and the judgment shall take effect from that date. Mozley Sf W.

practice. This phrase which signifies row for then, is used to express that a thing is done at one time which ought to have been performed at another. Leave of court must be obtained to do things nunc pro tunc, and this 1s granted to answer the purposes of justice, but never to do injustice. Vide 1 V. & B. 312.