Night

In the law of burglary, there must not be day-light enough to discern a face.* It will not avail the prisoner that there was light enough from the moon, street-lamps, and buildings, aided by snow, to discern the featm-es of another person." Within the meaning of a statute forbidding the keeping open of tippling-houses on the Sabbath day and night, " night " includes the time between midnight on Saturday and the dawn of Sabbath morning.'

See Day. (1878); Bathrick v. Detroit Post and Tribune Co., 50 id. 680, 644 (1883). 1 See Cooley, Const. Lim. 448-^1: Eex v. Fisher, 2 Campb. ♦570-71 (1811), EUenborough, C. J.; Stanley v. Webb, 4 Sandf. 21, 30 (1&50), Campbell, J.; 16 Alb. Law J. 327 (1877), cases; 18 id.

142 (1878), cases; Eex v. Lee, 5 Esp. 123 (1804j; Stiles v. Nokes, 7 East, 493 (1600); Lewis V. Clement, 3 B. & Aid. 702 (1820). 2Kmg V. Carlile, 3 B. & Aid. 167 (1819); ib. 161. See generally Odgers, Lib. & SI. 243-59, cases; Star Me, Si. 6 Lib. 173, 186, cases; Townshend, SI. &.Lib. §§ 217-22, cases; as to privileged communications, 21 Cent. Law J. 86-90, 450-55 (1886), eases. > Rivers v. Hood, 72 Ga. 194 (1883). * Holzman v. Martinez, 2 N. M. 272 (1882). See also 7 Ga. 107; 1 Mass. 411; 4 Johns. Ch. 26; 64 111 256. ' 4 Bl. Com. 224. ITight-walkers. Those who are abroad during the night and sleep by day, and are of suspicious appearance and demeanor, i " Those who eave-drop men's houses, cast men's gates, carts, and the like into ponds, or commit other outrages or misdemeanors in the night, or shall be suspected to be pilfering, or otherwise like to disturb the peace, or that be persons of evil fame or report generally, or that shall keep company with any such, or with other suspicions persons in the night." ' Watchmen and constables may arrest night-walkers and commit.them to custody till morning.* NIHIL; NIL. L. Nothing. Nil is the contracted form. Various returns to process are termed returns of nihil. Nihilor nil debet, or indebitatus. He owes nothing. See Debet, 3. Nihil or nil dicit. He says nothing. A judgment in default of a plea or an answer. See Retkaxit. Nihil est. There is nothing. A fuller answer to the command of a summons than is non est inventus. It means that the defendant has nothing in the bailiwick, — no dwelling-house, no family, no residence, no personal presence.^ Nihil habet. He has nothing. The return when the ofl Bicer has been unable to find the defendant. Nihil alone is often used. It is used as the return to a scire facias that the defendant, or his bail, has nothing by which the officer can " make known " to them,— two such returns being sometimes considered equal to a service. Thus, two " nihils " in a suit on a mortgage may equal a personal service. The name is also given to the return that nothing is subject to garnishment. Compare Bona, 2, Nulla.