Sunday

The first day of the week. In some of the New England states it begins at sunsetting on Saturday, and ends at the same time the next day; but in other parts of the United States it generally commences at twelve o'clock on the night between Saturday and Sunday, and ends in twenty-four hours thereafter. 6 Gill & J. (Md.) 268. And see Bac. Abr. "Heresy, etc." (D), "Sheriff" (N 4); 1 Salk. 78; 1 Sellon, Prac. 12. The "Sabbath," the "Lord's Day," and "Sunday" all mean the same thing. 6 Gill & J. (Md.) 268. See 3 Watts (Pa.) 56, 59; 6 Watts (Pa.) 231.

The first day of the week, the Sabbath,— a day on which nojudicial act can be done, and no arrest can be made, save in criminal cases, and on which, by statute, the ordinary transactions of life are suspended. !Suo nomine, I. In his own name. Sno periculo: at his own risk.

The Sabbath, €he Lord's D^y, and Sunday all mean the same thing: the first day of the week. Sabbath laws do not rest upon the ground that it is immoral or irreligious to labor upon the Sabbath day. They simply prescribe a day of rest^ from motives of public policj' and as a civil regulation. The day prescribed is the Christian Sabbath: yet, so entirely is the law based upon the ground of public policy that the statutes would be equally constitutional and obligatory did they name any other day. ^ The provision in the Massachusetts law which prohibits traveling, like the law which forbids the doing of any business, labor or work, excepts what is done from " necessity or charity." The exception covers everything morally fit and propei: to be done upon that day under the circumstances of' each case. " Charity " Includes everything that proceeds from a sense of moral duty or from a feeling of kindness and humanity, and is intended wholly for the relief or comfort of another, and not for one's own benefit or pleasure, — acts to prevent or relieve suffering in men or animals.' The duty of observing the day set apart is imposed upon all as members of the body politic without reference to the religious faith and worship of any. The day, as a day of rest, is a legal holiday rather than a holy day. Jews and Seventh-Day Baptists are- not then compelled, against^ conscience, to keep it as a day of worship.* Laws setting aside Sunday as a day. of rest are upheld not from any right of the government to legislate for the promotion of religious observances, but from its right to protect all persons from the physical and moral debasement which comes from uninterrupted labor. Such laws have always been deemed beneficent and merciful laws, especially to the poor and dependent, to the laborers in our factories and workshops and in the heated rooms of our cities; and their validity has been sustained by the highest courts of the States.^ 1 Intoxicating Liquor Cases, 25 Kan. 761 (1881), Brewer, J. a Mc Gatriek v. Wason, 4 Ohio St. 571 (1855), Thurman, C. J.; Bloom v. Richards, 2 id. 3S7-406 (1853), cases. 3 Doyle V. Lynn, &c. R. Co., 118 Mass. 197 (1875), cases, Gray, C. J. * Exp. Burke, 59 Cal. 6, 13-20 (1881), cases, Morrison, C. J.; Exp. Koser,60id. 188(1882); Commonwealth v Starr, 144 Mass. 361 (1887). 6 Soon Hing v. Crowley, 113 U. S. 710 (1885), Field, J. '• Besides the notorious indecency and scandal of permitting any secular business to be publicly transacted on that day in a country professing Christianity, and the corruption of morals which usually follows its profanation, the keeping one day in the seven holy, as a time of relaxation and refreshment as well as for public worship, is of admirable service to the state, considered merely as a civil institution. It humanizes, by the help of conversation and society, the manners of the lower classes, which would otherwise degenerate into a sordid ferocity and savage selfishness of spirit; it enables the industrious workman to pursue his occupation in the ensuing week with health and cheerfulness; it imprints on the minds of the people that sense of their duty to God so necessary to make them good citizens, but which yet vrould be worn out and defaced by an unremitted continuance of labour, without any stated times of recalling them to the worship of their Maker." i At common law, a contract made on Sunday was valid. Legal invalidation must therefore arise from some statute in force at the place where the contract is made.^ A contract made on Sunday is not void unless completed on that day. Therefore, merely signing the paper containing the terms does not vitiate the contract. Until the paper is delivered, the parties have a locus penitentwB.^ Making a will is not such secular employment as is forbidden.* Subscriptions made on that day (or the support of public worship are binding. What work is "of necessity or charit.y " is a question of law and statutory construction. Mere inconvenience of time and opportunity cannot be a test.** The publication of notice of a sheriff's sale in a Sunday newspaper is -void. ^ 405 (1859); Lindenmuller v. People, 33 Barb. 668-75 <N. Y., 1861); Sparhawk v. Union Passenger E. Co., 64 Pa. 433 (1867); More v. Clymer, 12 Mo. Ap. 14-19 (188S); Richmond v. Moore, 107 111. 433-40 (1883); Commonwealth V. Dexter, 143 Mass. 28 (1886); Parker v. State, 16 Lea, 476 (1886); 28 Am. Law Eeg. 273-84 (1880), cases; 34 id. 725-29 (1886), eases; 18 South. Law Eev. 273-800 (1880), cases; 21 Am. Law Eev. 533-50 (1887), cases; 26 Cent. Law J. 103 (18881, cases. ' 4 Bl. Com. 63. 2 More V. Clymer, 12 Mo. Ap. 14 (1882); Eichmond v. Moore, 107 111. 482 (1883), cases; Kinney v. Mc Dermott, S5 Iowa, 674 (1881): 20 Am. Law Eeg. 740^2 (1881), cases. » Gibbs, &c. Manuf. Co. v. Brucker, 111 U, S, 601-3 (1884), cases. Woods, J.; Von Hoven v. Irish, 3 Mc- Crary, 443 (1882>; Evansville v. Morris, 87 Ind. 274 (1882), cases; Beitenman's Appeal, 55 Pa. 185 (1867), cases; Swann v. Swann, 21 F. E. 299, 808 (1884), cases. Contra, Eichmond v. Moore, 107 111. 429 (1883); More v. Clymer, 12 Mo. Ap. 11 (1888); 24 Am. Law Eeg. 339-97 <1885), cases. * Beitenman's Appeal, 55 Pa. 184 (1867). ' Allen V. Duffle, 43 Mich. 1, 7 (1880), cases, Cooley, J.; Dale v: Knepp, 98 Pa. 389, 393 (1881). Contra, Catlett V. Meth. Epis. Church, 62 Ind. 365 (1878). Crying newspapers was held disorderly conduct; " and selling newspapers is "business." " Eunning passenger trains is a work of necessity.' Shaving customers is not a work of necessity or charity.* Writs in civil actions cannot be served.' Lading, unlading, and sailmg vessels are works of necessity." A person may be driven to a church in his private conveyance.' In Pennsylvania ice cream may not be sold on that day;' nor cigars.' See further Charity; Chsistianity; Holiday; Labob, 1; Necessity, Works of; Religion.

The first day of the week is designated by this name; also, as the Lord's day, and as the sabbath. In computing the time of notices and rules in practice, where the last day falls on Sunday, it is usually excluded, and the party has the whole of the following Monday; but intermediate Sundays are included and counted as ordinary weekdays. So, in computing time under ordinary contracts, which call for payment or performance within a definite term, if the last day is Sunday, it is excluded, and the debtor party has the whole of the last day. But if the contract is one on which grace is allowed (and the same principle is probably applicable where the term prescribed in the contract is in the nature of a grace, as in the thirty days' interest clause in a mortgage, or in a clause of a policy giving the insured thirty days after due for payment of premium), Sunday is not excluded; grace having been given the party, it is not to be extended on account of Sunday. SUPER; SUPRA. Upon; over; above. This Latin preposition introduces several phrases used in law, and is an element in some compound words given below. Super altum mare. Upon the high sea. See High Seas. Super visum corporis. Upon view of the body. A phrase descriptive of the manner of holding a coroner's inquest.