London. THERE are many acts of Parliament relating to the city of Let and other places within the bills of mortality, which, being only are not within the compass of this work, and which would require a distinct volume of themselves. Sir John Fielding, in his "Extract of the Penal Laws, relating to the Peace and good Order of the City of Lat don," hath collected these partly amongst other more general laws, the instruction of ignorant offenders, and admonition of the unwary. It would be a work of further service to the metropolis, if some post would complete a collection and digest of all the laws relating to th cities of London and Westminster, and other places within the ball mortality; out of which might be selected again such only as concen the office of a justice of the peace in particular. By stat. 51 Geo. III. c. 119, several provisions were enacted, repen ing the 42 Geo. III. c. the more effectual administration of the office of a justice in these par 76, and the act continuing it, and providing for of Middlesex and Surrey. The building act is the 7 & 8 Vict. c. 84, which repeals the part of the 14 Geo. III. c. 78, and so much of the 3 & 4 Vict. c. 8, gulating chimnies and chimney-sweepers as relates to the eart and regulation of chimnies and flues within the limits of the st Stat. 52 Geo. III. c. 44, relates to the erection of a p house within London and Middlesex. The 57 Geo. III. c. 29, relates to the paving of the sli Bouverie v. Mills, (1 B. & Adolph. 38), it was held, that the p the commissioners under this act to remove objects affixed to be without making compensation, is limited to such things as pr the public ways. The 135th sect. of that act prevents the into superior Courts of "any rate, proceeding, conviction, order, or thing." It was held, that a case granted by the justices of for the opinion of the Court upon the affirmance of a convict the act, was a thing within the meaning of the act, and co removed by certiorari. (R. v. Middlesex, 8 D. & R. 117; 4 D. § & N C. 41, S. C.) The 5 Geo. IV. c. c, 6 Geo. IV. c. xxxviii, 9 Geo. IV. e, lxir, Will. IV. c. lvi, relate to the paving and regulating the Regent': Pas and other places, &c. The 7 Geo. IV. c. cxlii, and 10 Geo. IV. c. lix, relate to the rab the metropolis. The 3 & 4 Vict. c. xciv, regulates the police in, and see tit. *F Vol. V. As to baking in, see tit. " Bread," Vol. I. As to coals, see tit. "Coals," Vol. I. As to the delivery of parcels, &c., and the porterage act, see riers," Vol. I. p. 525. As to the regulations of watermen, see tit. "Thames," Vol. As to the Central Criminal Court, see tit. "Central Crimin Vol. I. 1231 Lord's Day. [27 Hen. VI. c. 5; 1 Eliz. c. 2; 3 Jac. I. c. 4; 1 Car. I. c. 1; 3 Car. I. c. 1; 29 Car. II. c. 7; 10 & 11 Will. III. c. 24; 11 & 12 Will. III. c. 21; 2 Geo. III. c. 15; 13 Geo. III. c. 80; 21 Geo. III. c. 49; 50 Geo. III. c. 73; 1 & 2 Geo. IV. c. 50; 3 Geo. IV. c. cvi.; 7 & 8 Geo. IV. c. lxxv.; 3 & 4 Will. IV. c. 31; 3 Will. IV. c. 19, s. 26.] church on. ALL persons, not having a lawful or reasonable excuse, shall endeavour Resorting to themselves to resort to their parish church or chapel, (or to some congregation of religious worship allowed by the toleration act), on every Sunday; on pain of punishment by the censures of the church, and also of forfeiting one shilling to the poor for every offence: to be levied by the churchwardens by distress, by warrant of one justice; and in default thereof, commitment till payment; the prosecution to be in one month. (1 Eliz. c. 2, ss. 14, 24. And see 3 Jac. I. c. 4, s. 27). Profanation of the Lord's day, vulgarly (but improperly) called Sab- Sabbath-breaking. bath-breaking, is an offence against God and religion, punished by the municipal law of England. For, besides the notorious indecency and scandal of permitting any secular business to be publicly transacted on that day, in a country professing Christianity, and the corruption of morals which usually follows such profanation, the keeping one day in seven holy, as a time of relaxation and refreshment, as well as for public worship, is of admirable service to a state, considered merely as a civil institution. It humanizes, by the help of conversation and society, the manners of the lower classes, which would otherwise degenerate into a sordid ferocity and savage selfishness of spirit; it enables the industrious workman to pursue his occupation in the ensuing week with health and cheerfulness; it imprints on the minds of the people that sense of their duty to God, so necessary to make them good citizens; but which yet would be worn out and defaced by an unremitted continuance of labour, without any stated times of recalling them to the worship of their Maker. (4 Blac. Com. 63). By stat. 27 Hen. VI. c. 5, s. 1, all fairs and markets, upon feast days Fairs, &c. on feast or on Sundays (the four Sundays in harvest excepted) shall clearly days, or Sundays. cease, on pain of forfeiture of the goods exposed to sale; and fairs holden theretofore on solemn festivals shall thereafter be holden three days be fore or three days after such festivals. King James I., in 1618, publicly declared to his subjects, in what Sports on. was called The Book of Sports, these games following to be lawful, viz. dancing, archery, leaping, vaulting, Maygames, Whitsun-ales, and morris-dances; and did command that no such honest mirth or recreation should be forbidden to his subjects on Sunday after evening service; but restraining all recusants from this liberty; and commanding each parish to use these recreations by itself; and prohibiting all unlawful games, bear-baiting, bull-baiting, interludes, and bowling, by the meaner sort. (Dalt. c. 46). After which it was enacted, by stat. 1 Car. I. c. 1, that there shall be no concourse of people out of their own parishes on the Lord's day for any sport or pastimes; nor any bear-baiting, bull-baiting, interludes, common plays, or other unlawful exercises and pastimes, used by any persons within their own parishes; on pain that every offender, being convicted within a month after the offence, before one justice, or chief officer of any city, borough, or town corporate, on view, or confession, or oath of one witness, shall forfeit, for every offence, 3s. 4d. to poor, to be levied by the constable and churchwardens by distress; the Lord's day. in default of distress, the party to be set publicly in the stocks for three Places of entertainment on. Killing game. Trading on. Dressing of meat for private families, victualling houses, selling milk, &c. Prosecution to be within ten days. Mackerel. Alehouses. Baking bread, &c., on Sundays. hours. Any house, room, or other place, which shall be open upon the Lord's day for public entertainment or amusement, or for publicly debating or (religious or) any subject whatever, and to which persons shall be admitted by the payment of money, or by tickets sold for money, shall be deemed a disorderly house or place; and the keeper thereof shall forfei: 2001. for every day that it shall be so opened, &c.; the person managing or conducting the entertainment, or acting as master of the ceremonies there, or as president, chairman, or moderator, 1007.; and every doorkeeper, or servant, or other persons, who shall collect money, or tickets, or deliver out tickets, 50%., to him who shall sue. Stat. 21 Geo. III. c. (See tit. "Disorderly House," Vol. II.) 49. By stat. 1 & 2 Will. IV. c. 32, s. 3, killing or taking game on a Sunday or Christmas-day subjects the party to a penalty not exceeding 51. and costs. (See ante, tit. “Game,” p. 243.) Stat. 29 Car. II. c. 7, s. 1 (a), " for the better observation and keeping holy the Lord's day, commonly called Sunday," enacts, "That all the laws enacted and in force concerning the observation of the Lord's day, and repairing to the church thereon, be carefully put in execution; and that all and every person and persons whatsoever, shall on every Lord's day apply themselves to the observation of the same, by exercising themselves thereon in the duties of piety and true religion, publicly and privately; and that no tradesman, artificer, workman, labourer, or other person whatsoever, shall do or exercise any worldly labour, business or work of their ordinary callings upon the Lord's day, or any part thereof (works of necessity and charity only excepted); and that every person being of the age of fourteen years or upwards, offending in the premises, shall for every such offence forfeit the sum of 5s.; and that no person or persons whatsoever, shall publicly cry, shew forth, or expose to sale any wares, merchandizes, fruit, herbs, goods or chattels whatsoever, upon the Lord's day, or any part thereof, upon pain that every person so offending shall forfeit the same goods so cried or shewed forth, or exposed to sale." Sect. 3. "Nothing in this act contained shall extend to the prohibiting of dressing of meat in families, or dressing or selling of meat in inns, cooks' shops or victualling houses, for such as otherwise cannot be provided, nor to the crying or selling of milk before nine of the clock in the morning or after four of the clock in the afternoon." Sect. 4. "No person or persons shall be impeached, prosecuted or molested for any offence before mentioned in this act, unless he or they be prosecuted for the same within ten days after the offence committed." Mackerel are allowed to be sold on Sundays, before or after Divine service, by stat. 10 & 11 Will. III. c. 24, s. 14. As to opening alehouses &c. on, see ante, tit. "Alehouses," Vol. I. p. 113. The stat. 6 & 7 Will. IV. c. 37, s. 14, ante, Vol. I. p. 436, contains enactments relative to the baking of bread, &c., on Sundays, out of London, &c. The 3 Geo. IV. c. 96, s. 16, ante, Vol. 1. p. 425, contains enactments as to the baking of bread, &c., in London, or within ten miles thereof, &c. (a) The 3 Car. I. c. 1, on butchers killing or selling meat on a Sunday; but the offence is fully provided against by the 29 Car. II. Selling meat on Sundays is no offence at common law; and, therefore, it was held an indictment on stat. 3 Car. I. for that offence mest conclude "against the form of the sta tute, &c." (R. v. Brotherton, 2 Str. 702. See also Faulkner's case, 1 Saund. 249, S. P.; 2 Keb. 506, S. C.) The statute of 29 Car. II. extends only to such work, business, or contract, as is done or made on the Lord's day, in the "ordinary calling" of one of the parties. Therefore, in Drury v. Defontaine, (1 Taunt. 131), it was ruled that a sale of a horse on a Sunday was not void, such sale not being within the ordinary calling of the plaintiff or his agent; but Mansfield, C. J., intimated an opinion, that, if it had been such ordinary calling, the contract would have been void. (And see 4 Bing. 84; 3 B. & C. 233; 5 D. & R. 84). And it has been held, that a sale and warranty by a horse-dealer on a Sunday is within the act, and illegal, (Fennell v. Ridler, 5 B. & Cres. 406; 8 D. & R. 204, S. C.) And the contract, &c., if made in the ordinary calling of one of the contracting parties, is void, though it does not relate to manual labour, calculated to meet the public eye. (Ib.) A contract of hiring made on a Sunday between a farmer and a labourer for a year is valid, and a service under it confers a settlement. (R.v. Whitnash,7 B. & C. 596; 1 M. & R. 452; 1 M. & R. M. C. 177,S.C.) A bill of exchange may be dated on a Sunday. (Begbie v. Levy, Í Crom. & J. 180). An agreement by an attorney for the settlement of his client's affairs, whereby he renders himself personally liable, may be made on a Sunday; for it is something beyond his ordinary calling, even assuming that as an attorney he came within the statute, which it should seem he does not. (Peate v. Dickens, 3 Dowl. P. C. 171; 1 Crom., M. & R. 422; 5 Tyrw. 116, S. C.) The words, other person or persons, mean other persons, ejusdem generis with the words preceding them, viz. "tradesman, artificer, workman, labourer." They do not, therefore, include the owner or driver of a stage coach, and, therefore, their contracts to carry passengers on a Sunday are binding. (Sandiman v. Breach, 9 D. & R. 796; 7 B. & C. 96, S. C, See sect. 2, infra). The baking provisions for customers is within the exception as to works of necessity, and, it seems, within the exception in section 3, as to cooks' shops; (R. v. Cox, 2 Burr. 787; R. v. Younger, 5 T. R. 449); but baking rolls on a Sunday is within the act. (Crepps v, Durden, Cowp. 640). And see the 3 Geo. IV. c. 106, s. 16, ante, Vol. I. p. 425, which enacts, that no baker in the city of London, or within ten miles thereof, shall make, bake, or expose to sale any bread or rolls, or bake any meat, puddings, pies, or tarts, or in any other manner exercise the trade of a baker on the Lord's day, under the penalties therein mentioned. And see also the 6 & 7 Will. IV. c. 37, s. 14, relative to baking bread on a Sunday elsewhere than in London (a). An action will not lie upon a contract illegally made and completed (a) (R. v. Cox, 2 Burr, 785). An information was moved for against a justice of the peace, for refusing to receive an information against a baker, for exercising his trade on a Sunday, contrary > to the aforesaid statute of the 29 Car. II. c. 7. On shewing cause, it appeared that the charge against the baker was not for baking bread, but for baking puddings and pies, and other such things, for dinner. And the Court were of opinion, that this was not an offence within the act, but fell within the exception of works of necessity and charity, and within the equity of the proviso, as being a cook's shop; there being the same reason that the baker should bake for others, as that a cook should roast and boil for them; and it VOL. III. is better that one baker and his men Upon the same principle, it has been In Crepps v. Durden, (Cowp. 640), the plaintiff was convicted for selling small hot loaves of bread on the same day, being Sunday, by four separate convictions, in the sum of 5s. each. It 4 K Lord's day. What cases within the 29 Car. II. c. 7. Lord's day. on a Sunday, although entered into by an agent without the direction of his principal, and although the objection is taken by the party at whose request the contract was so entered into. (Smith v. Sparrow, 4 Bing. 84; 12 Moore, 266; 2 C. & P. 544, S. C.) Travelling on a In what manner the conviction shall be. But where A., not knowing that B. was a horse-dealer, made a verba. bargain with him on a Sunday for the purchase of a horse, the price (which was above 107.) being then specified, and the horse warranted sound; but it was not delivered till the following Tuesday, when the money was paid; it was held, that the contract was not complete until the delivery of the horse, and that, therefore, it was not void under this act; but assuming it to be void, as the purchaser was ignorant that the vendor was exercising his ordinary calling on the Sunday, he had not been guilty of any breach of the law, and was, therefore, entitled to recover back the price of the horse for breach of the warranty. (Blozzone v. Williams, 3 B. & C. 232; 5 D. & R. 82, S. C.) And it is to be observed that where a man keeps goods which he has bought on a Sunday, and afterwards promises to pay for them, he is liable, at all events, on the quantum meruit. (Williams v. Paul, 6 Bing. 653; 4 M. & P. 532, S. C.) By 29 Car. II. c. 7, s. 2 (a), “No drover, horse-courser, waggoner, batcher, higler, their or any of their servants, shall travel or come into his or their inn or lodging upon the Lord's day, or any part thereof, upea pain that each and every such offender shall forfeit 20s. for every such offence, and that no person or persons shall use, employ, or travel upon the Lord's day with any boat, [see 7 & 8 Geo. IV. e. lxxv. post, 126], wherry, lighter, or barge, except it be upon extraordinary occasion, to be allowed by some justice of the peace of the county, or head officer, or some justice of the peace of the city, borough, or town corporate, where the fact shall be committed; upon pain that every person so offending shall forfeit and lose the sum of 58. for every such offence. And that, if any person offending in any of the premises shall be thereof convicted before any justice of the peace of the county, or the chief officer of officers, or any justice of the peace of or within any city, borough, or town corporate, where the said offences shall be committed, upon his or their view, or confession of the party, or proof of any one or more witnesses by oath, (which the said justices, chief officer or officers, is by this act authorized to administer), the said justice or chief officer or offices shall give warrant under his or their hand and seal, to the constables or churchwardens of the parish or parishes where such offence shall be committed, to seize the said goods cried, shewed forth, or put to sale as aforesaid, and to sell the same, and to levy the said other forfeitures or penalties by way of distress and sale of the goods of every such offender distrained, rendering to the said offenders the overplus of the mons If insufficient dis- raised thereby; and in default of such distress, or in case of insufficiency Penalty, how levied. was objected, that there can be but one that those are so many separate and distinct offences. There can be but one entire offence on one and the same day. And this is even a much stronger cast than that upon the game laws. Kifar a single hare is an offence, but the king of ten more in the same day wil st multiply the offence, or the penaly imposed by the statute for killing out. Here, repeated offences are not the abject which the legislature had in view in making the statute, but, singly, to punish a man for exercising his ordinary calling on the Lord's day. (a) See also the 3 Car. I. c. 1; but this statute of 29 Car. II. comprises all the offences named in that act. |