LORD'S DAY, in point of law, has been made the subject of several statutes. The chief statute in England is the Lord's-day act, 29 Ch. II. c. 7, which enacted that no tmdesman, artificer, workman, or laborer should exercise the worldly labor, business, or work of his ordinary calling upon the Lord's day (works of necessity and charity only excepted), nor any person should publicly cry, or expose to sale, wares, fruits, herbs, etc.; but nothing in the act was to extend to prohibiting the dressing of meat in families or inns, cook-shops, or victualing-houses, nor the selling of milk within certain hours. To these exceptions, selling mackerel and baking bread were added subsequently. These statutes have been construed strictly by.the courts on the o-round that they restrain the liberty of the subject, for, without a statute, ordinary work would be as competent on the Sunday as on any other day. Hence, unless a case comes within the strict letter of the statute, there is no disability. Thus, a horse may be sold on Sunday by one who is not a horse-dealer, for then it is not part of the seller's ordinary calling. So a farmer may hire a servant on that day; indeed, the statute does not apply to farmers, attorneys, surgeons, and those not included in the above statutory description, and therefore those parties; can do their work on Sunday as on other days. Irrespective of any statute, it has been the immemorial course of practice in courts of law not to do legal business on Sunday, and not to recognize the service of writs, warrants, etc., of a civil nature, if made on Sunday. Thus, no debtor can be arrested for debt on Sunday, and hence he may walk at large that day, free from molestation of bailiffs. But if any crime has been committed, the party can be arrested on Sunday as well as other days. There is a special
provision by statute as to ale-houses, beer-houses, and refreshment-houses being open on Sundays, the general effect of which is only to close these places durincr church hours. If any game is pursued on Sunday, whether by poachers or not, a penalty is incurred. There is also a statute of 1 Ch. I. prohibiting sports or pastimes of certain descriptions, Except as above-mentioned, there is no difference made as to the validity of acts done on Sunday, though it is an erroneous popular impression that deeds or wills, bills of exchange, etc., dated or executed on Sunday are invalid.
In Scotland, the law varies in some respects from that of England on this matter. There also contracts made ou Sunday are not null at common law, but numerous stat utes have passed prohibiting contracts, whether made in the course of one's ordinary business or not, and whether made by workmen, artificers, etc., or not. But there is an exception of works of necessity and mercy. It is, however, doubtful how far these old statutes are in desuetude or not, and judges have said that they only apply to public, not private acts done on Sunday. In Scotland, the rule is actea ou that the enforcement of decrees and warrants, poindings, and other process or diligence in civil matters, are void; but it is otherwise in criminal matters. It is singular that there is no distinct pen alty imposed in Scotland, as there is in England and Ireland, by the game acts, on per sons sporting on Sunday. But Scotland outstrips England and Ireland in the strin gency with which public-houses are prohibited from being open on that day. See PUBLIO HOUSES.