Legal Definitions - quarto die post

Quarto die post refers to a historical legal term that designated the fourth day after a formal court order, known as a writ, was officially recorded as having been delivered or "returned" to the court. This specific day marked the final deadline for a defendant to appear in court to respond to the legal action initiated against them. The calculation of these four days was inclusive, meaning the day the writ was returned counted as the first day.

Here are some examples illustrating the application of quarto die post:

• Debt Collection Case: Imagine a scenario in 17th-century England where a tailor, Mr. Smith, sued a customer, Mr. Jones, for an unpaid debt. A writ was issued, commanding Mr. Jones to appear in court. The sheriff officially "returned" this writ to the court on a Monday, confirming it had been served to Mr. Jones.

  In this situation, Mr. Jones's quarto die post would be calculated by counting Monday as the first day, Tuesday as the second, Wednesday as the third, and Thursday as the fourth. Therefore, Mr. Jones would have until Thursday to make his formal appearance in court. Failure to do so could result in a judgment being entered against him by default.

• Property Dispute: Consider a dispute between two landowners, Mrs. Green and Mr. Brown, over an encroaching fence. Mrs. Green initiated legal proceedings, and a writ was issued, ordering Mr. Brown to appear before the court to address the boundary claim. The court clerk officially recorded the writ as "returned" on a Friday.

  For Mr. Brown, his quarto die post would be determined by counting Friday as day one, Saturday as day two, Sunday as day three, and Monday as day four. Thus, Monday would be the critical deadline for Mr. Brown to present himself in court to avoid being deemed in default for non-appearance.

• Breach of Contract: Suppose a baker, Ms. White, sued a grain supplier, Mr. Black, for failing to deliver a promised shipment of wheat, which constituted a breach of their agreement. A writ was issued, summoning Mr. Black to court to answer the claim. The writ was officially returned to the court on a Tuesday.

  Mr. Black's quarto die post would be calculated as Tuesday (day one), Wednesday (day two), Thursday (day three), and Friday (day four). He would therefore need to appear in court by Friday to respond to Ms. White's allegations and avoid the legal consequences of not showing up.