SUNDAY is a dies non so far as regards civil legal proceedings, the making and completion of contracts, and the meetings of public bodies. No processes of law, such as a writ of summons, can be served on a Sunday ; nor can any one be arrested in a civil proceeding on that day. The law of Eng land has always been very c,areful that Sunday should be kept religiously and not be profaned, and to this day the statute book bears witness to that care.
By a statute of Henry VI. no fair or market may be held on the principal festivals, Good Friday, or any Sunday (except the four Sundays in harvest), on pain of forfeiting the goods exposed to sale. And by an Act of 1627 no persons shall assemble out of their own parishes for any sport whatsoever upon this day ; nor in their parishes shall use any bull or bear-baiting, inter ludes, plays, or other unlawful exercises, or pastimes, on pain that every offender pays 3s. 4d. to the poor. This statute does not prohibit, but it is said rather impliedly allows, any innocent recreation or amusement within their respective parishes, even on Sunday, after divine service is over. It is practically obsolete, however, for the courts refused to enforce it in 1897. 'By an Act of 169,9 no carrier with any horse, nor carmen with their respective carriages, nor drovers with any cattle, may travel on Sunday, on pain of 20s. And if any butcher shall kill or sell any food on that day he forfeits 6s. 8d. By the well-known Act of 1677 (29 Car. 2, c. 7) no person is allowed to do any worldly labour on the Lord's Day (except works of necessity and charity), or to use any boat or barge, or expose any goods to sale, except meat in public-houses, and milk before nine in the morning and after four in the afternoon, on forfeiture of 5s. The goods exposed to sale on a Sunday may be forfeited on conviction before a justice of the peace, who may order the penalties and forfeitures to be levied 'by distress, and may allow one-third to the informer ; but this is not to extend to dressing meat in families, inns, cook-shops, or victualling-houses. By an Act of George IV. so much of the 29 Car. 2. c. 7 as prevents travelling by water on a Sunday is repealed. Mackerel may be sold on Sundays before and after divine service (10 & 11 Will. III. c. 24). By an Act of George III., and subject to the'exception set out in the article on BREAD, a baker will incur a penalty of 10s. if he carries on his business as a baker on a Sunday other than selling bread between 9 A.m. and 1 P.M., and within the same time baking meat, puddings and pies
for those who carry or send the same to be baked.
By an Act of 1781 it is enacted that any house ox place opened for public entertainment, or for publicly debating on any subject upon the Lord's Day, and to which persons shall be admitted by money or tickets sold, shall be deemed a disorderly house. And the keeper (or person acting as such) shall forfeit ,,e2oo and be punished as in the case of keeping a disorderly house.
And the person managing, or being concerned in the management of, such entertainment, or acting as president, &c., of any public debate, shall forfeit £100. And every servant receiving money or tickets from the persons coming, or delivering out tickets of admission, shall forfeit £50. And every person advertising, or printing an advertisement of such meeting, shall also forfeit £50. Actions to be brought within six months. The provisions of this Act are now evaded by the promoters of the entertainment allowing free admission of the public to the premises, but charging for the seats. Some cases on the Act are : Baxter v. Langley ; Terry v. Brighton Aquarium Co.; and Warner v. Brighton Aquarium Co.
Other connections in which the laws relating to the observance of Sunday have a practical importance are noticed in the articles on BILLIARDS ; FACTORY ; LICENSING.
It has been decided that an action will not lie on a contract entered into on a Sunday, though entered into by an agent, and though the objection was taken by the party at whose request the contract was made. But in a sub sequent case the price of goods bought on a Sunday was held to be recoverable, the defendant having kept them and subsequently promised to pay for them. The hiring of a labourer by a farmer on Sunday was held not to be pro hibited by 29 Car. Q c. 7, sec. 5. The statute only applies to labour, business, or work done in the exercise of a man's ordinary calling where the man is a tradesman, workman, labourer, or other person whatsoever of the same class (Reg v. Silvester). A horsedealer cannot maintain an action on a warranty of a horse made on a Sunday ; but the statute is not violated by a person who makes a bargain for a horse with a horsedealer on a Sunday not knowing he is a horsedealer, for the dealer is only exercising his ordinary calling.