Civil Days.—An artificial or civil day is, to a certain extent, difficult to define; it “may be regarded as a convenient term to signify all the various kinds of ‘day’ known in legal proceedings other than the natural day.” (Ency. English Law, tit. “Day”). The Jews, Chaldeans and Babylonians began the day at the rising of the sun; the Athenians at the fall; the Umbri in Italy began at midday; the Egyptians and Romans at midnight; and in England, the United States and most of the countries of Europe the Roman civil day still prevails, the day usually commencing as soon as the clock begins to strike 12 P.M. of the preceding day.
In England the period of the civil day may also vary under different statutes. In criminal law the day formerly commenced at sunrise and extended to sunset, but by the Larceny Act 1861 the day is that period between six in the morning and nine in the evening. The same period of time comprises a day under the Housing of the Working Classes Act 1885 and the Public Health (London) Act 1891, but under the Public Health (Scotland) Act 1897 “day” is the period between 9 A.M. and 6 P.M. By an act of 1845, regulating the labour of children in print-works, “day” is defined as from 6 A.M. to 10 P.M. Daytime, within which distress for rent must be made, is from sunrise to sunset (Tulton v. Darke, 1860, 2 L.T. 361). An obligation to pay money on a certain day is theoretically discharged if the money is paid before midnight of the day on which it falls due, but custom has so far modified this that the law requires reasonable hours to be observed. If, for instance, payment has to be made at a bank or place of business, it must be within business hours.
When an act of parliament is expressed to come into operation on a certain day, it is to be construed as coming into operation on the expiration of the previous day (Interpretation Act 1889, § 36; Statutes [Definition of Time] Act 1880).
Under the orders of the supreme court the word “day” has two meanings. For purposes of personal service of writs, it means any time of the day or night on week-days, but excludes the time from twelve midnight on Saturday till twelve midnight on Sunday. For purposes of service not required to be personal, it means before six o’clock on any week-day except Saturday, and before 2 P.M. on Saturday.
Closed Days, i.e. Sunday, Christmas day and Good Friday, are excluded from all fixtures of time less than six days: otherwise they are included, unless the last day of the time fixed falls on one of those days (R.S.C., O. lxiv.).
American Practice.—In the United States a day is the space of time between midnight and midnight. The law pays no regard to fractions of a day except to prevent injustice. A “day’s work” is by statute in New York fixed at eight hours for all employees except farm and domestic servants, and for employees on railroads at ten hours (Laws 1897, ch. 415). In the recording acts relating to real property, fractions of a day are of the utmost importance, and all deeds, mortgages and other instruments affecting the property, take precedence in the order in which they were filed for record. Days of grace are abolished in many of the seventeen states in which the Negotiable Instruments law has been enacted. Sundays and public holidays are usually excluded in computing time if they are the last day within which the act was to be done. General public holidays throughout the United States are Christmas, Thanksgiving (last Thursday in November) and Independence (July 4th) days and Washington’s birthday (February 22nd). The several states have also certain local public holidays. (See also [Month]; [Time].)
(T. A. I.)
DAYLESFORD, a town of Talbot county, Victoria, Australia, 74 m. by rail N.W. of Melbourne. Pop. (1901) 3384. It lies on the flank of the Great Dividing Range, at an elevation of 2030 ft. On Wombat Hill are beautiful public gardens commanding extensive views, and a fine convent of the Presentation Order. Much wheat is grown in the district, and gold-mining, both quartz and alluvial, is carried on. Daylesford has an important mining school. Near the town are the Hepburn mineral springs and a number of beautiful waterfalls, and 6 m. from it is Mount Franklin, an extinct volcano.