night

the time from five o'clock postmeridian to eight o'clock antemeridian.

That space of time during which the sun is below the horizon of the earth, except that short space which precedes its rising and follows its setting, during which, by its light, the countenance of a man may be discerned. At common law, the night, for the purpose of burglary, does not begin until after and ceases when there is daylight enough to discern a man's countenance. 1 Hale, P. C. 550; 4 Bl. Comm. 224; 10 N. H. 105; 42 Vt. 629. See "Daytime."

That space of time during which the sun is below the horizon of the earth, except that short space which precedes its rising and follows its setting, during which by its light the countenance of a man may be discerned. It is night when there is daylight, crepusculum or diluculum, enough left or begun to discern a man’s face withal. 1 Hale, PI. Cr. 550; 4 Bla. Coin. 224; Bac. Abr. Bur diary (D); 2 Kuss. Cr. 32. See State v. Morris, 47 Conn. 182; Kroer v. People,' 78 111. 205. The common-law rule has been modified by statute in some of the states, and by the stat. 9 Geo. IV. c. 60, the night, for pursunrise. By the stat. 24 & 25 Viet. c. 96, the night, during which a burglary may be committed, is deemed to commence at 9 p. m., and end at 6 a. m.; 4 Stepli. Com. 105. But see Klieforth v. State, 88 Wis. 163, 50 N. W. 507, 43 Am. St. Bop. 875, where it was held that it is day when there is daylight enough to discern a person’s face. In the time of the English Saxons and oven till Henry I., time was computed by nights: as fortnight for two weeks.

As to what, by the common law, is reckoned night and what day, it seems to be the general opinion that, lf there be daylight or crepusculum, enough begun or left to discern a man's face, that is considered day; and night is when it is so dark that the countenance of a man cannot be discerned. 1 Hale, P. C. 350. However, the limit of 9 p. M. to 6 a. m. has been fixed by statute, in England, as the period of night, in prosecutions for burglary and larceny. St. 24 & 25 Viet. c. 96, § 1; Brown. In American law, the common-law definition is still adhered to in some states, but in others "night" has been defined by statute as the period between sunset and sunrise.

— Night magistrate. A constable of the night; the head of a watch-house.

— Night walkers. Described in the statute 5 Edw. III. c. 14, as persons who sleep by day and walk by night. Persons who prowl about at night, and are of a suspicious appearance and behavior. Persons whose habit is to be abroad at night for the purpose of committing some crime or nuisance or mischief or disturbing the peace; not now generally subject to the criminal laws except in respect to misdemeanors actually committed, or in the character of vagrants or suspicious persons. See Thomas v. State, 55 Ala. 260; State v. Dowers, 45 N. H. 543. In a narrower sense, a night walker is a prostitute who walks the streets at night for the purpose of soliciting men for lewd purposes. Stokes v. State, 92 Ala. 73, 9 South. 400, 25 Am. St. Rep. 22; Thomas v. State, 55 Ala. 260.

In a general sense, that portion of the with the solar day makes up what is called, sense, a day; in the common law of burglary, time during which it is so dark from the absence the features of a face cannot be made out who is abroad during the night and of suspicious pearance.

As to what, by the common law, is reckoned night and what day, it seems to be the general opinion that, if there be daylight, or crepuseulum, enough begun or left to discern a man’s face, that is considered day; and night is when it is so dark that the countenance of a man cannot be discerned. 1 Hale, P. GC. 350. However, the limit of 9 P. st. to 6 A. M. has been fixed by statute, in England, as the period of night, in prosecutions for burglary and larceny. St. 24 & 25 Vict. c. 96, § 1; Brown.

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.

may be defined to. be that space of time during which the sun is below the horizon of the earth, except that short space which precedes its rising and follows its setting, during which, by its light, the countenance of a man may be discerned. 1 Hale, P. C. 550; 8 Inst. 63; 4 Bl. Com. 224; 1 Hawk. P. C. 101; 3 Chit. Cr. Law, 1093; 2 Leach, 710; 1 Bac. Ab. Burglary, D; 2 East, P. C. 509; 2 Russ. Cr. 32; Rosc. Cr. Ev. 278.