Page:Black's Law Dictionary (Second Edition).djvu/326

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DAY

day and the night. Co. Litt. 135a; Fox v. Abel. 2 Conn. 541.

2. The space of time which elspses between two siucessive niidnights. 2 BL Comm. 141; Henderson v. Reynolds. 84 Ga. 15!). 10 S. E. 734. 7 L. R. A. 327; State v. Brown, 22 l\llnn. 483; State v. Michel. 52 Lai. Ann. 936, 27 South. lb<_). 49 L. R. A. 218, 78 Am. St R€I)- 3134: Benson V Adams, (39 Ind. .353, 35 Am. 1101!. ‘.20: Zlmnieiniiin v. Cnwzm, 107 lll. 6231, 47 Am. Rep. 470: Pulling v. Peopie. 8 Bnrh. (N. Y.) 386.

3. That portion of time during which the sun is nhore the horizon, and. in iiddition, lli.it part of the inuriiing: rind evening tlniiug Whi(i.l Lhere is sufficient light for the features of a man to be rcnsonnbly discerned. 3 Inst 13; Vicliolls v. State, 68 Wis. 416, 32 N. W. 5-1.5. (:0 Am. Rep. 870; Triill V. Wilson. 9 M iss. 154: Stute v. McKnight, 111 X. 1". 690, 16 E. 319.

4. Au urtifici-il period of time. ronipilted from one fixed point to another tirenty-four hours lmer, without any reference to the prr-valence of light or dii-Luess. Fuller V. bu.-hroedcr, 20 '\'ch. 631, 31 N. W. 10!).

5. The period of time, within the limits of s niturul dav, set apart either iiy law or by r‘DlIll].lOlJ iisiige for the trn ns Iction of particu- lar luuslness or the perforurnice of labor; as in bani-.ing, in laws regulating the hours of lalvor, in contracts for so many “d.iys' work," nnd the lilie, the word “duy" may signify six, eight. ten, or any number of hours. Hinton v. Locke, 5 Hili (N. Y) 43. Fay V. Brown. 96 Wis. 434, 71 N. W. b. , Mc- Cnlsky v. Klosternisn, 20 Or. 108, 25 Pac. 3L7l:, 10 L. R. A. 7545.

8. In practice und piending. A particular tLuie assigned or given for the appearance of pnrties in court, the return of writs, etc.

—Astronumi-ml day. Tho period of twenty- tour hours beginning and ending at noon.—Artificial day. The time between the rising and setting of the sun; thrit is. day or daytime as distinguished from ni:;ht.—Giv'il day. The solnr dsy. measured by the diurnal revolution of the earth, and denoting the intcrval of time which einpses between the successive transits of the sun over the some hour circle. so that the “civil day" commences and ends at niillnight. Fcderseii v. Eu.-zster. 14 Fed. .—Cnlendax' days. See CALENDAR.—Cle8.).' days. See CLE.ui.—Common day. In old English prac- fice. An ordinary day in court. Cowell; ’J.‘ermes de la Ley.—IDay certain. A fixed or appointed day; a specificd particular day: a. day in term. Regina v. Conyers, 8 Q. B. 991. —Da.y| in brink. (L. Ltit. dies in banco.) In pl"lCI'1(‘P. Certain stated days in term appointed for the appearinco of parties, the return of pro- r-ess. etc.. originally ppuiliar to the court or common plans, or bench. (b.'ink.) as it was acninntly called. 3 Bl. Pomm. 277.—Day

court. The time appointed for one whose rights are called judirliilly in question, or lishle to he tiffncted by judicial action, to nppezir in court and he heard in his own behalf. This phrase, as generally used, means not so much the time appointed for a heaiing as the opportunity to present one's ciainis or rights in a proper forensic heiiring before in competent tri—


318

DA Y—RULE

bunzil. See Ferry v. Car Wheel Co.. 71 VI. 457. 45 At]. 1035. 76 Am. St. Rep. 7S‘l.—Dan of grace. A number of days allowed, as ii matter of favor or grace, to a ]'lel‘su|i who

to perform some act, or make some puyuj after the time originally limilcd for the n

has ehipsed. In old practice. Three davs lowed to persons summoned in the ' courts. beyond the day named in the w

make their appearance; the lust day being ed the “quarto die post." 3 Bl. Comm. ln mercantile law. A certain number of I“ (generally threc) allowed to the nuiker or gu- ceptor of a hill. draft, or note. in which to n& pnymunt, after the expiration of the fime Q- prrsscd in the paper itself. Originally tlfll days were granted only as a matter of grave or favor, but the allowance of them became an o'- tolalished custom of merchants, and was aim- tiuncrl by the courts. (and In some casrc #- scrilwrl by statute.) so that they urc nuw lI|:I. iililllt’ us of right. Perkins v. Bank, 21


Q1" ) 4 Bell v. Bank. 115 U. S. 37}. 0 Slip. Ct. 10- 29 L. Ed. 409, Tlionias v. HIOII inilicr G \\".'it[s & S (I’u.) 1S2; ilcn I,

Bank. 9 “'h€at. 581. 6 L. Ed. 1Gf;.—Da.y- $- Thc time during which there is the hzht of flu. as distinguislied from night or night-tiiup. Tho: portion of the tucnty-tuur hours diiriiov; I“ a man's person and cnuntennnre are dislinififlr ahle. Truli v. “'ilson. 9 i\'iass. 154; BE}. V. Tnndv, 1 (‘tin & I’. Z)”: Lumen v. Biinfrlt‘. 114 Mich. 93. 72 N. W. 1. In law. this torn ll chicfiy used in the definition of certain C1115- as to which it is mnlerial wliethr-r the art an committed by day or by ni_:ht.—J-mlicial W. A «I iy on which the cnurt is zictunlly in swan. Ilcifncr v. Hclfuer. 48 La. Ann. 1088, W South. i:Sl.—-Juridical day. A day proper for th transaction of hiisinr-ss in court: one on whffi the court may lawfully sit. excluding Sundays and some hnlidn_\s.—Law day. The day pp- scribed in a bond, mortgage, or defensible and for pnyment of the deht secured tberehv. ur. in default of payment, the forfeiture of the prop- erty mortgaged. But this does not now mar until fDl'\>(:lOSl.ll‘e. Ward v. Lord, 100 Ga.

28 F. F‘. -H : Moore v. Norman. 43 .\[inn 4!‘ . XV. 857. 9 L. R. . 55. 19 Am. .. . Rm 241 , Knrtright \‘. Carly. 2] N. Y. 345. 78 &. Rep. 1—in.—Lega.l day. A juridical duy. -. supra. And see Heffner v. Helfner. 48 La, Auii. 1088. 20 South. ‘381.—Natn1-al day. Prnprrlg the pr-rind of twenty-four hnurs from midrlxhl to midnight. Co. Iiitt. 135: Fox v. Abel. 2 Cnun. 54.1; People v. Hatch, 33 . - Though sometimes taken to mean the “d.iy-time‘ or time between sunrise and sunset. In re T-Q Ilour Law. 24 R, 1. CO3, 54 Atl. G01 61 Lalt, A. G12.—Non-judicial day. One on uliiri process cannot ordinarily issue or he servnrl or returned and on which the courts do not ui'r,'l»


uaril sir. Vvhitney v. Blackburn, 17 Or. Fla .. 874. 11 Am. Rep. 857. More pinnerlv ‘non-juridical do —-SD1.Fl.1' day. A tell]

sometimes used as meaning thnt portion of llnv day when the sun is above the horimn, h.ll prupeily it is the time between two ccmydnn (iippxirciit) revolutions of the sun, or I-~|\w»'l two consecuthe positions of the sun on-r in; given terrestrial meridian, and hriicc, ll(:r-t=.'||I¢ to the usual method of reckoning, from noon to noon at any given place.

DAY-BOOK. A tradesinsn's account book; a book in which all the ocuirrences of the day are set down. It is usually a hour. of original entries.

DAY-RULE, or DAY-WRIT. In Eng- iish law. A pel'l1liSSi0ll granted to a prisoiivc to go out of prison, for the purpose of tl'..lllSv

acting his business, as to hear a case lu