DATE. The designation Ar indication in an instrument of writing of the time and place when and where it was made.
When the place is mentioned in the date of a deed, the law intends, unless the contrary appears, that it was executed at the place of the date. Plowd. 7 b. The word is derived from the Latin (given); because when instruments were in Latin the form ran datum, etc. (given the day of, etc.).
A date is necessary to the validity of poli cies of insurance; but where there are sepa rate underwriters, each sets down the date of his own signing, as this constitutes a separate contract. Marshall, Ins. 336; 2 Parsons, Marit. Law, 27. Written instruments gene rally take effect from the day of their date, but the actual date of execution may be shown, though different from that which the instrument bears ; and it is said that the date is not of the essence of a contract, but is es sential to the identity of the writing by which it is to be proved. 2 Greenleaf, Ev. 12, 13,
489, n. ; 8 Mass. 159; 4 Cush. Mass. 403; 1 Johns. Cas. N. Y. 91; 3 Wend. N. Y. 233 ; 31 Me. 243 ; 17 Eng. L. & Eq. 548; 2 Greenleaf, Cruise, Dig. 618, n. And if the written date is an impossible cue, the time of delivery must be shown. Sheppard, Touchst. 72; Cruise, Dig. c. 2, s. 61.
In general, it is sufficient to insert the day, month, and year ; but in recording deeds and, in Pennsylvania, in noting the receipt of afi. fa., the hour and minute of reception must be given.
In public documents, it is usual to give not only the day, the month, and the year of our Lord, bqt also the year of the United States, when issued by authority of the gene ral government, or of the commonwealth, when issued under its authority. Sec, gene rally, Bacon, Abr. Obligations; Colnyns, Dig. Fait (B 3); Cruise, Dig. tit. 32, c. 21, ss. 1-6; 1 Burr. 60 ; Dane, Abr. Index.