The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-08-14
only 10 The essoi0n day u n. wrt Of sUmmems, which
was upon Sunday, on which Sunday ths tenant h AL

Qle0.
Hn Lordship also gave the reasons upon which BIZ
But his essoign day Of the writ Of summons "a upoa
sunday and from thence the objection arises; being 10
snsa on me part Of the plaintiff in error ha' judgmse
coMd not ne given on Sundays"
y clear that " tN Curt could not ut on Sunday 4
would be impossible for this Judgment have been giver
inc asn Of the tenant In tall for ne Died up'n TIA
The single question, therefore, h, "wAether The Our
can s's on sunday and giue valid judsmesp'
eide Of bic question Tbose authorities that
eeen urged support Of IT, have been only agumenatire
rom whence such conclusion might ~ Il Is said, be
drawn. .trT = W
But he history Of The lay and usage, as 10 courts Of justice
su.n0 on sunday, makes an end Of The question:. f.
zneisntly the courts Of justice did st On sunday
inc ssc, Of ths and the reasons Of It appear In Sir
Christians pract!csd this - In hs chapter Of law
aIie, he says" The CAratians at fat used
sstmah the Sunday asefy they had two Tess lbs for it.
nous about the observation Of days and times,
some 70 be oinous and unlucky and others lucky
days; second reason they slso had which vas bs
Keeping 'ner own courts aloay open TO prevent Christian
suitoIs froo, resortirg TO the heather courts se
erucopus l mira posi.s die doninico juaic1y
p1samat" That no Bishop or any person al infe
nor position should presumeto adjad;ate on the
Was rdf,ied IN the lime OF Theo1csius, WIT fortdec
Wild an imperial constitution -"Sss die, (quea d1aini
rum quiesca intenon 'On Sunday sh,ch oy our auces
tors very properly called the Lords day every kind
dpute or buenets shal altogether remain suspen led
Inc whole canon s also decseed batim 10 capitu
lars OF The Emperors Carolus and Ludcvicus.
There are likewise several other taken notice of
spemsn,s Original Of The Terms 0Ae ofsthsm va, made
IN the Council Of Tribury about the year $685." Nuln
comes, nuitAque e'nnao secsarts diebus domnics ul
sancorsm IN TESTS s.u qsladra9eime, aa jeju,orum
No magistrate and in Short kind oi secular authority
eha nold court ON the LORDS Day, Holy Feast
DaJs OF 10 Lent or Oh Fast Days-neither shall any
tempt be made to coerce the people" Another OF them
was made in the Council CT Efard year 93l and after
ward became general upon being taken into body Of
the canon law, by Gracan and Sir Henry spclml lakes
il, he ssys TO be Of the 70 lnda.ion e.ones to
our egme-"Pldca sculzria d1minicts vel alijs fes-
us dNtus, Nu etidn in qaitus leottima jguaia cele
05ontuY sc6urdum tstitutlOuB ETi
luns ave determine that there shall be no secular
pleadnzs on the Lords Day. other holy day; neither
ing to caroDcai appointment" IL goes and appoints
vacations But lnese vacations were enlarged by the
Council Of ST. kedard-"Decrertt sancta syaoius, ut d
Qcadro@sima uq,ts adj ocavum Pcag, Ct 90 ddusntu Do
mini wqu> I'D cct1p0m Eoohdni0, jejuns qua
tuof empnum, 81 IN tdHijs ncjofsbas, ct IN dbus dni
cas- & in dits yo01tionum (ti de cocordia ct paeiea
none) nullus supra sacra ev1ngta jurare pressnat"
1.-THE Hoy Synod decrees that, from Len.
I'll the eighth day Of Esster and from the
Lords Advent until the eighth day of the Epiphany,
as well ns In the four Erber weeks in time OF general
duplication, the lords Day. and In Rogaon Days twhe
tier In or 10 matters relating to peace no one
sha presume 70 ewear upon the holy Gospels" By which
expression meant that should be tried pleas
holden an those days.
These canons were received and adopted BY our Sixou
Kings; and Edward the Couessor mate folio wing
stution "Ab odpentu Domtn sqtN dd octob1s Epphani
pa1 Del ct sanca ecclese Tegnun; sin,ter,
s,Ttuosesino usqus dd ocab1s PIscaG; item, oh aeeos
Do1aini uSque cd o1aLas Peaicoses Ira omnibus Deius
qaat:or te1pru m iam tm,ba S1bbat:s ab bora mona,
tota die eq'l.n t9que od diem uma." From advsn;
unti the eighth day OF the Epiphany the peace OF God
ard OF the holy church shall rego every where Ia like
FROM the of Septusgesua until the eighth
day OF Easter Also from ascension day unit, the eighth
Of PeDtecos also, every dag OF the four Eber wseks
also every Sabbath tJewish) from niue O'clock and he
ahole q tbs neat day until Monday.
These canobs ana constitutions lgere all confirmed bv
William the CoDqueror and Henry the Second aud 20 b.
came part Of ne comns'n la,o Of England
Afterwards in succeeding times there happened several
alterations and reIaxaons The statute of Westminster
the first and Other statutes this purpose and
ao or perhaps positive "a vs. not nov e1tant dispensed
The Mrrour OF Justices says, "Abustoa o.! que.
tent pleas per dimsnchs per auters jours dtten
in di,honest lieu" 1t is an abuse 10 hold pleas on
Sundays, or any other prohibited day. before tue
rtng Of the sun, or at midnight or in dishonest place.
Lord Coke his ,ond institute page 2e4 com nent.
ing upon ". l. 81, says ala Ihe common law there
be dejuTdte AID dues non Juridci days OF jurisdic
dies dcatnictthst is, the non juridica days are the
Lords days throughout the shole year"
In Dyer, les, pl H.. upon Judgment given in tue
ned IN that the of tue scre fdc.as
upon sundsy, witch is not dies jidicas in Blnco the
teste bepg the 2sih Of November which happening the,
In Sir William Jonee 160, Dooioc Alps, up in
formation in the exchequer for epgroes nv butter
cheese contrary to the statute Of g. g. verdc aud
judgment against the defendant, and q writ Of error
brought by him In the ex,hequer chamber TO IT,
first errer assigned was thst the inormaon was exho
tied in court the 18th October which in tina. year
deus" But was resolved by Hutton and jones' ts.,
was good; for although not dies jurc,,s for the
award Of any judicial process. or to make entry
OF any judgment on record yet was good for accepting
an information upon special law (of wbi3h kind ia
formations many presidents we're sbown) Ana upon
Court they affirmed the FIRST Judgment notwithstanding
the But at the came time that these judges
held good for accepting IN Information upon apeca
the awarding of any judicial process, nor for entering
any judgment OF record The awarding OF process and
the giving Of judgment judicial sets, and therefore
cannot be supposed to be doae bu. ,ct the Court is
actually sitting
AZ to writs being returpable on Sundays Wits we're
formed in those times when The Of justice might
improper when the wTts were first formed have coutn-
ued ever since, without being altered n succeeding times
The caDons did not al all interfere, make any
alteration in Them for the extend their prohibition
no further than against awarding process and giving judg
ment and ouch Ike acts Of Court Sundays 50 that the
writs have continued in their primitive form: but
The day Of Their being actually returned inere,ors as
certainly known as the wrs we're reurnabe on Mon
Fitzberbert, in bis "Na!ura Brevum, under the writ
de warranted di 10 excuse the default Of appearance
at the day assigned account Of being in the
kings service on that dsy specifies one OF those wr in
theee words ''Rz etc., scatis qtiod A. tuu in servtio
nostyo die luna in crdstno qundef PaschG pror peS
r ia Qnod 60 die interesse on potua loquel9 e inter-
ac Inc king here states that A. in mis- service
the day in question: which was next TO an Easter holiday
and therefore the day would not be considered
In u Edw 4, 8, b pL, 90, upon demurrer, ip
ton OF trepass brought by the prior of Llntoay, Peo
saye-' the day Of reurs 'csl'ca the Qarto die falls
die doninc' ION Sunday no court shall be holden
but on the day foilowipg'
AS to The practice Of giving notice "o appear on the
Sunday:'--
rhe answer is, that while the courts did sit upm
Surdays the rotiee must follow the practice Men
in use, and must, Of consequence, be given for ap
pearipg on the Sunday; but no'o that old practice
"of their actually sitting upon Sundays" being
altered and at an end, thsse notices must ne
cssary relate 10 the Monday when the courts do A and
before which day they cannot sit and therefore the de-
PENDANT cannot be msed by hAviog notice given him to
appear the Sunday"
As the observation that the courts OF justice have
never been restrained by OF Parliament fro stng
srdays and that the 2eh OF 2 CHI I, does not extend
10 giving judgmanw'-
~ Nu