day

the time from eight o'clock ante-meridian to five o'clock postmeridian.

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.

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 Bla. Com. 141. That portion of such space of time during which the sun is shining. Generally, in legal signification, the term included the time elapsing from one midnight to the succeeding one; 2 Bla. Com. 141; Kane v. Commonwealth, S9 Pa. 522, 33 Am. Rep. 7S7; see Helphenstine v. Bank, C5 Ind. 5S9, 32 Am. Rep. 86; but it is also used to denote those hours during which business is ordinarily transacted (frequently called a business day); Hinton v. Locke, 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 its light is above for the features of a man to be reasonably discerned; Co. 3d Inst. 63; Trull v. Wilson, 9.Mass. 104. Where a party is required to take action within a given number of days in order to secure or assert a right, the day is to consist of twenty-four hours, that is the popular and legal sense of the term; Zimmerman v. Cowan, 107 111. 631, 47 Am. Rep. -'76; also in a marine insurance policy "for 30 days after arrival" means thirty successive periods of twentyfour hours each, "commencing as soon as moored at anchor"; [1904] 1 K. B. 40. By custom, the word day may be understood to include working-days only; 3 Esp. IL'1; Soreusen v. Keyser, 7yi Fed. 1G3, 2 C. C. A. 650. In -a similar manner only, a certain number of hours less than the number during which the work actually continued each day. Hinton v. Locke, 5 Hill (N. Y.) 437. Sundays and other public holidays falling within the number of days specified by a statute for the performance of an act, are often omitted from the computation, as not being judicial days; Abrahams v. Comm., 1 Rob. (Va.) G70; Michie v. Michie's Adm'r, 17 Gratt. (Va.) 109; Neal v. Crew, 12 Ga. 93; National Bank of the Metropolis v. Williams, 46 Mo. 17; Caupfield v. Cook, 92 Mich. 020, 52 N. W. 1031; Mc Chesney v. People, 145 111. 614, 3i N. E. 431; Danielson v. Fuel Co., 55 Fed. 49; Sorensen v. Keyser, 52 Fed. 163, 2 C. C. A. 650. But sec Miles v. Mc Dermott, 31 Cal. 271. Where the last day of the six months within which an appeal or writ of error may be taken to review in the circuit court of appeals, the judgment or decree of a lower court, falls on Sunday, the appeal cannot be taken or the writ sued out on any subsequent day; Johnson v. Meyers, 54 Fed. 417, 4 C. C. A. 399. When the day of pertract may be performed on Monday; Salter v. Burt,:. (N. Y.) 205, 32 Am. Dec. 530; Stryker v. Vanderbilt, 27 N. J. L. 68; Johnson v. Merritt, 50 Minn. 303, 52 N. W. S63. See Broome v. Wellington, Sandf. (N. Y.) 664. The time for completing commercial contracts is not limited to banking hours; Price v. Tucker, 5 La. Ann. 514. A day is generally, but not always, regarded in law as a point of time; and fractions will not he recognized; 2 B. & Aid. 586; In re W'ehnan, 20 \ I No. 17,M»7; Seward v. Hayden, 150 M

1. A period of time consisting of twenty-four hours and Including the solar day and the night. Co. Litt. 135a; Fox v. Abel, 2 Conn. 54L
2. The space of time which elapses between two successive midnights. 2 Bl. Cofnin. 141; Henderson v. Reynolds, 84 Ga. 159, 10 S. E. 734, 7 L. R. A. 327; State v. Brown, 22 Minn. 483; State v. Michel, 52 La. Ann. 936, 27 South. 565, 49 In R. A. 218, 78 Am. St. Rep. 364 ; Benson v. Adams, 69 Ind. 353, 35 Am. Rep. 220; Zimmerman v. Cowan, 107 III. 631, 47 Am. Rep. 476; Pulling v. People, 8 Barb. (N. Y.) 386.
3. That portion of time during which the sun is above the horizon, and, in addition, that part of the morning and evening during which there is sufficient light for the features of a man to be reasonably discerned. 3 Inst. 63; Nicholls v. Sinte, 68 Wis. 416, 32 N. W. 543, 60 Am. Rep. 870; Trull V. Wilson, 9 Mass. 154; State v. McKnight, 111 N. C. 690, 16 S. El 319.
4. An artificial period of time, computed from one fixed point to another twenty-four hours later, without any reference to the prevalence of light or darkness. Fuller v. Schroeder, 20 Neb. 631, 31 N. W. 109.
5. The period of time, within the limits of a natural day, set apart either by law or by common usage for the transaction of particular business or the performance of labor; as in banking, in laws regulating the hours of labor, in Contracts for so many "days' work," and the like, the word "day" may signify six, eight, ten, or any number of hours. Hinton v. Locke, 5 Hili (N. Y.) 439; Fay v. Brown, 96 Wis. 434, 71 N. W. 895; Mc-Culsky v. Klosterman, 20 Or. 108, 25 Pan. 366, 10 L. R. A. 785.
6.

In practice and pleading. A particular time assigned or given for the appearance of parties in court, the return of writs, etc.

— Astronomical day. The period of twenty-four hours beginning and ending at noon.

— Artificial day. The time between the rising and setting of the sun ; that is, day or day-time as distinguished from night.

— Civil day. The solar day, measured by the diurnal revolution of the earth, and denoting the interval of time which elapses between the successive transits of the sun over the same hour circle, so that the "civil day" commences and ends at midnight Pedersen v. Eugster, 14 Fed. 422.

— Calendar days. See Calendar.

— Clear days. See Clear.

— Common day. In old English practice. An ordinary day in court. Cowell; Termes de la Ley.

— Day certain. A fixed or appointed day; a specified particular day; a day in term. Regina v. Conyers, 8 Q. B. 99L

— Days in hank. (In Lat dies in banco.) In practice. Certain stated days in term appointed for the appearance of parties, the return of process, etc., originally peculiar to the court of common pleas, or bench, (bank,) as it was anciently called. 3 Bl. Comm. 277.

— Day in court. The time appointed for one whose rights are called judicially in question, or liable to be affected by judicial action, to appear in court and be heard in his own behalf. This phrase, as generally used, means not so much the time appointed for a hearing as the opportunity to present one's claims or rights in a proper forensic hearing before a competent tribunal. See Ferry v. Car Wheel Co... 71 Vt. 457, 45 Atl. 1035, 76 Am. St. Rep. 782.

— Days of grace. A number of days allowed, as a matter of favor or grace, to a person who has to perform some act, or make some payment, after the time originally limited for the purpose has elapsed. In old practice. Three days allowed to persons summoned in the English courts, beyond the day named in the writ, to make their appearance ; the last day being calied the "quarto die post." 3 Bl. Comm. 278. In mercantile law. A certain number of days (generally three) allowed to the maker or acceptor of a bill, draft, or note, in which to make payment, after the expiration of the time expressed in the paper itself. Originally these days were granted only as a matter of grace or favor, but the allowance of them became an established custom of merchants, and was sanctioned by the couris, (and in some cases prescribed by statute,) so that they are now de-mandable as of right. Perkins v. Bank, 21 Pick. (Mass.) 485-, Bell v. Bank, 115 U. S. 373, 6 Sup. Ct. 105, 29 L. Ed. 409; Thomas v. Shoemaker, 6 Watts & S. (Pat) 182; Renner v. Bank, 9 Wheat. 581, 6 L. Ed. 166.

— Day-time. The time during which there is the light of day, as distinguished from night or night-time. That portion of the twenty-four hours during which a man's person and countenance are distinguishable. Trull v. Wilson. 9 Mass. 154; Rex v. Tandy, 1 Car. & P. 297; Linnen v. Banfield, 114 Mich. 93, 72 N. W. 1. In law, this term is chiefly used in the definition of certain crimes, as to which it is material whether the act was committed by day or by night.

— Judicial day. A day on which the court is actually in session. Heffner v. Heffner, 48 La. Ann. 1088, 20 South. 281.

— Juridical day. A day proper for the transaction of business in court; one on which the court may lawfully sit, excluding Sundays and some holidays.

— Law day. The day prescribed in a bond, mortgage, or defeasible deed for payment of the debt secured thereby, or, in default of payment, the forfeiture of the property mortgaged. But this does not now occur until foreclosure. Ward v. Lord, 10O Ga. 407, 28 S. E. 446 ; Moore v. Norman, 43 Minn. 428, 45 N. W. 857, 9 LR. A. 55, 19 Am. St. Rep. 247; Kortright v. Cady, 21 N. Y. 345. 78 Am. Rep. 145.

— Legal day. A juridical day. See supra. And see Heffner v. Heffner, 48 La. Ann. 1088, 20 South. 281,

— Natural day. Properly the period of twenty-four hours from midnight to midnight. Co. Litt. 135; Fox v. Abel, 2 Conn. 541; People v. Hatch, 33 111. 137. Though sometimes taken to mean the "day-time" or time between sunrise and sunset In re Ten Hour Law, 24 R. I. 608, 54 Atl. 602, 61 L. R. A. 612.

— Non-judicial day. One on which process cannot ordinarily issue or be served or returned and on which the courts do not ordinarily sit. Whiiney v. Blackburn, 17 Or. 564, 21 Pac. 874, 11 Am. St. Rep. 807. More properly "non-juridical day."

— Solar day. A term sometimes used as meaning that portion of the day when the sun is abave the horizon, but properly it is the time between two complete (apparent) revolutions of the sun. or between two consecutive positions of the sun over any given terrestrial meridian, and hence, according to the usual method of reckoning, from noon to noon at any given place.

A period of time consisting of twenty-four hours, beginning at midnight and extending to the next succeeding midnight, called the civil day; a period of time extending from sunrise to sunset, called the solar or the natural day; the period of time comprising the hours of a day which are devoted to business; a period of time computed from one fixed point to another, without reference to the natural distinction between day and night, expressively called an artificial day; a particular time assigned for the appearance of parties, the - return of process, etc. Day In court: a day set for appearing in court; a day on which a party may be heard in court v. Continuance; Days; Dies; Dies datus; Dies Juridicus; Juridical; Return day; Sine die; Sunday; Without day.

In English law. Day rule: a rule, or rather a certificate of the his business; so called because granted only for a day, the prisoner being required to return at or before nine o'clock of the evening. ^

[Lat. dies; Fr. jour.] A pe-.riod of time consisting of twenty-four hours, and including the solar day and the night. Co: Liu, 135 a. Bract, fol 264. An artificial period of time, computed from one fixed point to another, without any reference to the natural distinction between day and night; and hence very expressively termed by Bracton an artificial day.* Efficitur dies qui dicitur artificialis ex die precedente et nocte subsequente. Bract, ub. sup. Britt. c. 80. A day, in contemplation of law, usually comprises all the twenty-four hours, beginning and ending at twelve o'clock at night. Therefore, in general, if I am bound to pay money on any certain day, I discharge the obligation if I pay it before twelve o'clock at night, after which the following day commences. 2 BL Com. 141. 1 Steph. Com. 265. This is otherwbe called, as among the Romans, a civil day. Adam's Rom. Ant. 358. See J)ies juridicus, Sunday. A period of time of variable length, beginning at day-break and ending with twi* light, as distinguished from ni^ht.* See Inght. This has been termed by some of the old writers an artificial day. Termes de la ley. Cowell. But the epithet artificial rather belongs to the civil day {suprat) than this, which is a natural period, being merely the solar day {infra) extended to its utmost limits. A solar day, according to Lord Coke, begins at sunrise and ends at sunset. Co. Lilt. 135 a. This is the same with the natural day of the Romans. In modem science, the term solar day has quit« a different meanmg, denoting the interval between two noons. Brande.

is a division of time. It is natural, and then it consists of twenty-four hours; or artificial, which contains the time from the rising until the setting of the sun, except a short time before rising and after setting. Vide Night, and Co. Lit. 135, a. Days are sometimes calculated exclusively, as when an act required that an appeal should be made within twenty days after a decision. 3 Penna. 200; 3 B. & A. 581; 15 Serg. & Rawle, 43. In general, if a thing is to be done within such time after such a fact, the day of the fact shall be taken inclusively, Hob. 139; Doug. 463; 3 T. R. 623; Com. Dig. Temps. A; 3 East, 407. The law, generally, rejects fractions of days, but in some cases it takes notice of such parts. Vide Date. By the custom of some places, the word days, is understood to be working days, and not including Sundays; 3 Espin. N. P. C. 121. Vide, generally, 2 Chit. Bl. 141, note 3; 1 Chit. Pr. 774, 775; 3 Chit. Pr. 110; Lill. Reg. h. t.; 1 Rop. Leg. 518; 15 Vin. Ab. 554; Dig. 33, 1, 2; Dig. 50, 16, 2, 1; Ib. 2, 12, 8; and articles, Year; Month; Hour.