Day

The space of time which elapses while the earth makes a complete revolution on its axis. A portion of such space of time which, by usage or law, has come to be considered as the whole for some particular purpose. The space of time which elapses between two successive midnights.

2 Bl. Comm. 141.

That portion of such space of time during which the sun is shining. Generally, in legal signification, the term includes the time elapsing from one midnight to the succeeding one (2 Bl. Comm. 141), but it is also used to denote those hours during which business is ordinarily transacted, frequently called a "business" day (5 Hill [N. Y.] 437), as well as that portion of time during which the sun is above the horizon, called, sometimes, a "solar" day, and, in addition, that part of the morning or evening during which sufficient of his light is above for the features of a man to be reasonably discerned.

Coke, 3d Inst. 63.

By custom, the word "day" may be understood to include working days only (3 Esp. 121), and, in a similar manner only, a certain number of hours less than the number during which the work actually continued each day (5 Hill [N. Y.] 437). A day is generally, but not always, regarded in law as a point of time, and fractions will not be recognized.

15 Ves. 257; 2 Barn. & Ald. 586. And see 9 East, 154; 4 Campb. 397; 11 Conn. 17.

There is no indivisible unity about a day which prevents considering its component hours, in legal proceedings where it becomes important to the ends of justice; the rule must give way whenever the rights of parties require it.

37 Ill. 241.