Blacks Law Dict. 1st ed

319

DATION EN PAIEMENT

DAYS OF GRACE

the creditor of something in payment of a debt, instead of a sum of money. It is somewhat like the accord and satis faction of the common law. 16 Toullier, no. 45; Poth. Vente, no. 601. DATIVE. A word derived from the Eo man law, signifying "appointed by public authority." Thus, in Scotland, an executor dative is an executor appointed by a court of justice, corresponding to an English admin istrator. Mozley & Whitley. In old English law. In one's gift; that may be given and disposed of at will and pleasure. DATUM. A first principle; a thing given; a date. DATUR DIGNIORI. It is given to the more worthy. 2 Vent. 268. DAUGHTER. An immediate female de icendant. DAUGHTER-IN-LAW. The wife of one's son. DAUPHIN. In French law. The title of the eldest sons of the kings of France. Disused since 1830. DAY. A period of time consisting of twenty-four hours, and including the solar day and the night. Co. Litt. 135a; Bract, fol. 264. The space of time which elapses between two successive midnights. 2 Bl. Comm. 141. 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 suf ficient of his light is above for the features of a man to be reasonably discerned. 3 Inst. 63; 9 Mass. 154. The term may also denote 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. The word is sometimes used, in jurisprudence, tn its astronomical sense of the space of time in which the earth makes one revolution upon its axis; or of the time between one midnight and the next; sometimes, in the popular sense, of the time between sunrise and sunset; and sometimes, In a conventional sense, of those hours or that re earring time which is by usage or law allotted to and deemed sufficient for the discharge of some iutyor performance of some business; as where one speaks of a day's work, the whole of a busi ness day, etc. Abbott. In practice and pleading. A particular time assigned or given for the appearance of

parties in court, the return of writs, etc. See DATS IN BANK. The whole of a term of court is considered as one day; and, by a legalfiction,the time between the submission and decision of a cause is also con sidered as but one day; so that, although a party to an action may die between the time of the de cision in the cause by the supreme court of a state and the filing of the mandate of the supreme court of the United States reversing that decision, no change of parties in the state court is necessary before carrying the mandate into effect. 18 Ark. 653. DAY-BOOK. A tradesman's account book; a book in which all the occurrences of the day are set down. It is usually a book of original entries. DAYERIA. A dairy. CowelL DAYLIGHT. That portion of time be fore sunrise, and after sunset, which is ac counted part of the day, (as distinguished from night,) in defining the offense of burg lary. 4 Bl. Comm. 224; Cro. Jac. 106. DAY-RULE, or DAY-WRIT. In En glish law. A permission granted to a pris oner to go out of prison, for the purpose of transacting his business, as to hear a case in which he is concerned at the assizes, etc. Abolished by 5 & 6 Viet. c. 22, § 12. 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 bench, or bench, (bank,) as it was anciently called. 3 Bl. Comm. 277. DAYS OP 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 lim ited for the purpose has elapsed. In old practice. Three days allowed to persons summoned in the English courts, be yond the day named in the writ, to make their appearance; the last day being called the "quarto die post." 8 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. Origi nally these days were granted only as a mat ter of grace or favor, but the allowance of them became an established custom of mer chants, and was sanctioned by the courts, (and in some cases prescribed by statute,) so that they are now demandable as of right.

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