Sunday - Definition - Law Dictionary Home Dictionary Definition sunday

Definition :

Sunday [fr. sunnan daeg, Sax., the day of the sun], the first day of the week, the Lord's Day, termed in the Sunday Observance Act, 1677 (29 Car. 2, c. 7, infra), 'the Lord's Day, commonly called Sunday.' It is a dies non juridicus, but an arrest for crime can be effected on this day; and bail can arrest their principal, and a sergeant-at-arms can apprehend; but no other law proceedings can be taken. By the Sunday Observance Act, 1677, it is enacted that:-

No tradesmen, artificers, workmen, labourers, or other person whatsoever shall do or exercise any worldly labour, business, or work of their ordinary callings [barbers are not within the enactment: Palmer v. Snow, (1900) 1 QB 725] upon the Lord's Day, or any part thereof (works of necessity and charity only excepted).

The (English) Hairdressers and Barbers Shops (Sunday Closing) Act, 1930 (20 & 21 Geo. 5, c. 35), prohibits opening on Sundays (Jewish hairdressers may open on Sunday but must close on Saturday).

The (English) Shops (Sunday Trading Restrictions) Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 53), restricts the opening of shops and trading on Sunday, with certain exceptions, amongst which are: sale of intoxicating liquors, meals or refreshments, flowers, fruit and vegetables, milk and cream, medicines, tobacco, newspapers etc. (see the First Schedule). There are special provisions for holiday resorts and for persons observing the Jewish Sabbath; such Jewish shops to be closed on Saturday. Also provisions respecting shop assistants serving in those shops which are exempted from closing on Sunday. See title SHOPS.

By the Bills of Exchange Act, 1882 [s. 13 (2)], a bill of exchange, and therefore both a cheque (s. 73), and a promissory note (s. 89), may be dated on Sunday; but Sunday is a 'non-business' day [s. 92 (a)]. By the Sunday Observation Prosecution Act, 1871 (34 & 35 Vict. c. 87)--a temporary Act, continued from time to time by successive 'Expiring Laws Continuance Acts'--prosecutions for offences under the Act of Charles II. may only be commenced with the consent in writing of the chief officer of police, or of two justices of the peace, or a stipendiary magistrate; the consent must be given before information laid, Thorpe v. Priestnall, (1897) 1 QB 159. Rent is payable on a Sunday (Child v. Edwards, (1909) 2 KB 753, where it was held that at Common Law Sunday is not a dies non).

Sunday entertainments open to the public for money are forbidden under heavy penalties by the (English) Sunday Observance Act, 1871 [as to which see Warner v. Brighton Aquarium Co., (1875) LR 10 Ex 291]; amended by the Remission of Penalties Act, 1875, which allows the Crown to remit the penalties under the Act of 1871 only. Tarling v. Rome, 52 TLR 220 (All in wrestling and advertisement).

As to (English) Sunday cinemas, see R. v. L.C.C., Ex parte Entertainments Protection Assoc., (1931) 2 KB 215, after which the Sunday Entertainments Act, 1932 (22 & 23 Geo. 5, c. 51), was passed, which allows Sunday opening upon certain conditions having been complied with.

The (English) Sunday Observance Acts, 1625, 1677, 1780, 1833, as amended, inter alia prohibit extra-parochial sports and exercise of a carrier's trade on Sunday.

The sale of liquors on Sundays is much restricted: see (English) Licensing (Consolidation) Act, 1910, s. 3, and Sch. VI. As to a 'six-day licence,' which requires entire Sunday closing, see ss. 58 and 60.

The (English) Factory and Workshop Act, 1901, by ss. 34, 47 and 48, prohibits Sunday employment of women, young persons and children, with exemption for Jews.

By (English) R.S.C. 1883, Ord. LXIV., where any limited time less than six days from or after any date or event is appointed or allowed for doing any act or taking any proceeding, Sunday, Christmas Day, and Good Friday are not to be reckoned in the computation of such limited time (r. 2), see also Milch v. Frankau, (1909) 2 KB 100.