DIES NON, uiui I Lit.. abbreviated front the phrase dies non not a court day). A non-juridical day; that is, a day on which the business of I lie courts in the administration of justice cannot lawfully be carried on. .A.t the vont mon law Sundays and certain other peculiarly' sacred days were of this character, as Ascension lhiy, All Saints' 1)ay. Christmas Day. etc. In the ell States certain secular holidays are includ ed 111 the description of (lays, as well as Smiday, but not all legal holidays. nor all days on which the courts do not sit. A may be juridical, that is, open to legal process and the administration of justice, even though it be a legal holiday in the usual acceptation of that term, :aid the courts be not regularly in session. Christmas 1)ay is universally a (firs Imo. and in some jurisdictions Thank:giving. or Fast Day, and Independence Day. BM the day of the gen eral elect ion. tine Saturday' ha 1f-holiday. and holidays' generally are law days. Nor does the fact that certain legal nets. as the giving of a promissory note or its presentment for payment, are prohibited on a certain day alicet its juridi• eat eh:mu-ter. It is only the virtual suspension of the gives a day the character of a dies non, and the policy of the law does not favor the multiplication of such days.
But, this paralysis of judicial administration has never hoer complete. Lace always been
exceptions to the rule, even in the law courts, and in the early history of equity the Chan•ellor was restrained uuly by his OWII sense of what the sanctities of a holy day seemed to require. Today the equitable as well as the 001111mm-taw jurisdietion of the courts is sus pended (PO and ordinarily there can tie no valid issue or service of process of any kind on such days; but it is everywhere held that the court may sit for the purpose of ree(dving the verdict of a jury. and that warrants for In ason, felony, and breach of the peace may issue and be exec-ult.(' on any day; and in gon eral, Nvlien public policy or the prevention of irremediable requires it. the courts may sit on Sunday or any other non-juridical day and issue process.
While the doctrine under consideration is of comnion-hiNV origin, it is now mainly regulated by statute, and the laws defining it usually de clare in express terms what juridical acts can and what cannot be lawfully performed on a dies non. As to the distinction between judicial and minis terial performed on such a day, see 9 Coke's Reports, 66, and 5 Central Lau- Journal. 2ti. On the general subject, see 7 Nouthern Eau' Itcricic, N. S., O97. See also DAY; llomoAv: SUNDAY.