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Home » Law Dictionary » D » DAY

DAY

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

A division of time. It is natural, and then it consists of twenty-four hours, or the space of time which elapses while the earth makes a complete revolution on its axis; or artificial, which contains the time, from the rising until the setting of the sun, and a short time before rising and after setting. Vide Night; and Co. Lit. 135, a. 2. 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 a time after such a fact, the day of the fact shall be taken inclusively.

Law Dictionary – Alternative Legal Definition

1. A period of time consisting; of twenty-four hours and including the solar day and the night. Go. Litt. 135a; Fox v. Abel, 2 Conn. 541.” 2. The space of time which elapses between two successive midnights. 2 Bl. Comm. 141; Henderson v. Reynolds, 84 Ga. 159, 10 S. B. 734, 7 L. R. A. 327; State v. Brown, 22 Minn. 483; State v. Michel, 52 La. Ann. 036, 27 South. 565, 49 L. R. A. 218, 78 Am. St Rep. 364; Benson v. Adams, 69 Ind. 353, 35 Am. Rep. 220; Zimmerman v. Cowan, 107 111. 631, 47 Am. Rep. 476; Pulling v. People, S 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. State, 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. E. 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 Hill (N. Y.) 439; Fay v. Brown, 96 Wis. 434, 71 N. W. 895; McCulsky v. Klosterman, 20 Or. 108, 25 Pac. 366, 10 L. R. A. 785.” 6. In practice tfnd 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. 991. Days in bank. (L. 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 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 called 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 makepayment after the expiration of the time exressed in the paper itself. Originally these ays 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 courts (and in some cases prescribed by statute) so that they are now demandable as of right Perkins v. Bank 21 Pick. (Mass.) 485; Bell v. Bank 115 U. S. 373 6 Sun. Ct. 106 29 L. Ed. 409; Thomas v. Shoemaker 6 Watts A S. (Pa.) 182; Bank v. Wechsler, 36 Wheat 72; 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. 207; 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 IA. 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. People v. Hatch 33 III. 137. Though sometimes taken to mean the “day-time” or time between sunrise and sunset. In re Ten Hour Law 24 It I. 603 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. Whitney v. Blackburn 17 Or. 564 21 Pac. 874 11 Am. St. Rep. 857. More properly “non-juridical day.” Solar day. A term sometimes used as meaning that portion of the day when the sun is above 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.”

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