英文法律词典 S-99

TO SUMMON, practice. The act by which a defendant¹ is notified by a compepetent officer, that an action has been instituted against him, and that he is required to answer to it at a time and place named. This is done either by giving the defendant a copy of the summons, or leaving it at his house; or by reading the summons to him.

SUMMONERS. Petty officers who cite men to appear in any court.

SUMMONS, practice. The name of a writ² commanding the sheriff, or other authorized³ officer, to notify a party to appear in court to answer a complaint made against him and in the said writ specified⁴, on a day therein mentioned. 21 Vin. Ab. 42 2 Sell. Pr. 356; 3 Bl. Com. 279.

SUMMONS AND SEVERANCE⁵. Vide Severance; and 20 Vin. Ab. 51; Bac. Ab. h. t.; Archb. Civil Plead. 59.

SUMMUM JUS. Extreme right, strict right. It is seldom that extreme right can be administered without the danger of doing injustice⁶, for extreme right may produce extreme wrong. Summum jus, summa injuria.

SUMPTUARY LAWS. Those relating to expenses, and made to restrain excess in apparel.

2. In the United States the expenses of every man are left to his own good judgment⁷, and not regulated by Arbitrary laws.

SUNDAY. The first day of the week.

2. In some of the New England states it begins at sun setting 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. & John. 268; and vide Bac. Ab. Heresy⁸, &c. D; Id. Sheriff, N 4; 1 Salk. 78; 1 Sell. Pr. 12; Hamm. N. P. 140. The Sabbath, the Lord's Day, and Sunday, all mean the same thing. 6 Gill. & John. 268; see 6 Watts⁹, 231; 3 Watts, 56, 59.

2. In some states, owing to statutory provisions, contracts made on Sunday are void; 6 Watts, R. 231; Leigh, N. P. 14; 1 P. A. Browne, 171; 5 B. & C. 406; 4 Bing. 84; but in general they are binding¹⁰, although made on that day, if good in other respects. 1 Crompt. & Jervis, 130; 3 Law Intell. 210; Chit. on Bills, 59; Wright's R. 764;,10 Mass. 312 1 Cowen, R. 76, n.; Cowp. 640; 1 Bl. Rep. 499; 1 Str. 702; see 8 Cowen, R. 27; 6 Penn. St. R. 417, 420.

4. Sundays are computed¹¹ in the time allowed for the performance of an act, but if the last day happen to be a Sunday, it is to be excluded, and the act must in general be performed on Saturday; 3 Penna. R. 201; 3 Chit. Pr. 110; promissory notes and bills of exchange, when they fall due on Sunday, are gen-erally paid on Saturday. See, as to the origin of keeping-Sunday as a holiday, Neale's F. & F. Index, Lord's day; Story on Pr. Notes, §220; Story on Bills, §233; 2 Hill's N. Y. Rep. 587; 2 Applet. R. 264.