ILLEGAL BARGAINS.

NOT BINDING.

5614. No person can be legally bound by a bargain which is, in its nature or incidence, illegal; thus,

5615. Neither Party.-Neither the vendor nor purchaser is bound to deliver or accept goods bargained for in contravention of the law or of common honesty or morality; so that,

5616. Illustrative Cases.-A bargain to supply or accept is not binding in numerous cases; for instance :

5617. Drugs sold to a brewer to be used in his brewery; 5618. Bricks under a statutable size;

5619. Libellous writing or printing;

5620. Obscene objects, engravings, prints, or photography;

5621. Dress, jewels, or furniture for the purpose of prostitution; 5622. Anything whatever having for its object a contravention of the law;

5623. Goods improperly sold on Sundays.

5624. Restrictions upon Sunday trading are provided by the "Lord's Day Act," 29 Car. II., c. 7, which provides that :

"No tradesman, workman, labourer, or other person whatever, shall do or execute any worldly labour, work, or business, of their ordinary calling, except works of necessity and charity; or publicly cry, show forth, or expose to sale any wares, merchandises, fruit, herbs, goods, or chattels, upon the Lord's Day."

5625. Prepared Food.-Sales on Sunday are permitted by the Act so far as they relate to meat in inns, cook-shops, and victualling-houses. 5626. Milk.-Milk may be legally sold, cried, or hawked on Sunday, before nine in the morning and after four in the afternoon; but, 5627. Between Nine and Four.-From nine in the morning till four in the afternoon of Sunday, the sale, crying, or hawking of milk, is contrary to the provisions of the Lord's Day Act.

5628. Mackerel.-Mackerel is expressly permitted to be sold on Sundays before and after divine service; but,

5629. Fish. The letter of the law prohibits the sale, during any time on Sunday, of any kind of fish except mackerel.

5630. Fine, or Imprisonment.—For every sale effected on Sunday, contrary to the Lord's Day Act, the vendor is liable to a fine not exceeding five shillings, or imprisonment in default of payment; and

5631. Forfeiture.-Every person exposing or offering goods for sale on Sunday, contrary to the Lord's Day Act, is liable to forfeiture of all the goods exposed.

5632. Stall Keepers and Barbers.-The law against Sunday trading is from time to time enforced in a very cowardly spirit against poor stall-keepers and barbers, whose poverty and inferior position generally renders them unable to resist; but,

5633. Shopkeepers.-It appears to be many years since any one had the courage to enforce the law upon shopkeepers and the wealthier Sunday traders, whose opposition, if united, might be too formidable and costly for the taste of those who desire to apply the law with severity; consequently,

5634. A "Dead Letter."-Every one residing in London must be aware that the Lord's Day Act is, for the most part, a dead letter, so far as any actual restriction upon retail trades in the metropolis is concerned; but,

SUNDAY CONTRACTS.

5635. In the event of any question of contract arising out of a Sunday transaction, the law remains in full force; for,

5636. Usually Void.-A contract to deliver or receive goods, if entered into on a Sunday, in the pursuit of an "ordinary calling" is absolutely void; though,

5637. Not Always Void.-As the statute is expressly restricted to a man's "ordinary calling," the validity or otherwise of contracts, outside the ordinary calling (5624) of the respective contractors, is in a state of vague uncertainty; for instance,

5638. Horse Dealers.—A horse dealer cannot bind another person on Sunday upon a contract to buy or sell a horse; but,

5639. Amateurs.-It has been ruled that a bargain for the sale and purchase of a horse on Sunday, between parties who are neither of them horse dealers, is binding, because not in pursuit of their "ordinary calling ;" and

5640. One-Sided Bargains.-Where a horse dealer bargains to buy or sell a horse on Sunday, with a person who does not know that he is bargaining with a horse dealer, the horse dealer is bound, though the other contracting party is not bound; but,

5641. Subsequent Confirmation.-Where a contract is entered into on Sunday, and is confirmed by subsequent acts on a "lawful day," it becomes binding.

WEIGHTS AND MEASURES.

IMPERIAL STANDARDS.

5642. All goods sold by weight or measure must be weighed or measured by imperial standards; thus,

TROY WEIGHT.

5643. The law is that gold, silver, platina, jewels, and precious stones, may be sold by Troy weight; and

APOTHECARIES' WEIGHT.

5644. Drugs may be sold by apothecaries' weight; but,

AVOIRDUPOIS WEIGHT.

5645. All goods not included in the provisions for Troy weight or apothecaries' weight, must be sold by imperial avoirdupois weight, which makes the unit a pound of sixteen ounces, fourteen pounds being a stone, eight stones a hundredweight, and twenty hundredweight a ton; but,

5646. Agreed Weights.-Any weight agreed upon may be used as the basis of a bargain, which consists of an ascertained and well understood number of imperial pounds; thus,

5647. Long Weight.-What is called "long weight" in the iron, cheese, and other trades, is understood and binding, unless otherwise bargained, because the "long hundred" is 120 pounds and the "long ton" 2,400 pounds, to the exciusion of any fraction of a pound.*

LONG MEASURE.

5648. Yard. The legal unit of long measure is the imperial yard.

LIQUID MEASURE.

5649. Gallon.-The legal unit of liquid measure is the imperial gallon.

DRY MEASURE.

5650. Bushel.-The legal unit of dry measure is the imperial bushel.

5651. Heaped Measure.-Formerly the vendor of dry goods was bound to give "heaped measure ; " but,

There is a remarkable convenience in "long weight," because, when it is adopted, the money and the weights run evenly. Thus, in long weight, id. per lb. is ros. per cwt., or £10 per ton, and £20 per ton is 20s. per cwt., and 2d. per lb.; every penny or fraction thereof per lb. being at the rate of £10, or a corresponding fraction thereof, per ton.

5652. Even Measure.-The present imperial standard expressly abolishes "heaped measure," which cannot now be enforced, unless expressly stipulated for, or undoubtedly governed by the custom of a trade, market, or course of dealing.

5653. Coal. It is illegal to sell coal otherwise than by weight; and

5654. Bread. - Bread and some other articles are subject to special enactments with regard to weight as the only legal measure of value.

IRREGULAR WEIGHTS AND MEASURES.

5655. No purchaser is bound to accept goods by weight or measure other than of the imperial standard; for,

5656. Void Bargains.-Bargains entered into upon the basis of any other than imperial weights or measures, are absolutely void; and

5657. Illegal Weights and Measures.-The use of local or customary weights or measures, other than those of imperial standard, is illegal and prohibited by penalties; but,

5658. Foreign Transactions.—Goods for delivery in a foreign country, or imported from thence, may be made up, sold, or bought (so far as the export or import between the two countries is concerned), by any standard of weight or measure, at the option of the parties.

STOCKJOBBING.

5659. Obsolete Restrictions.-Formerly there were numerous restrictions upon what the Act 7 Geo. II. c. 8, called "the nefarious practice of stockjobbing," which act made certain dealings in stocks and shares illegal; but,

5660. Conditional Bargains.—The Stockjobbing Act is now repealed, and sales of stocks or shares which make a bonâ fide transfer of the property, may be subject to any condition agreed upon; though,

TRADING WAGERS.

5661. Any sale or pretended sale of stocks, shares, or any goods whatsoever, upon any condition which can be construed to be a wager (), is void, and cannot be enforced, if opposed upon the ground indicated.

(a) See "Wagers."

DEBTS AND PAYMENTS.

DEBTS.

5662. Goods Accepted.-Debts may arise either upon goods accepted; or,

or,

5663. Bargains.-Upon goods legally bargained for; or, 5664. Loans.-Upon loans of money borrowed by the debtor; or, 5665. Cheques and Bills.-Upon cheques, notes, or acceptances;

5666. Mortgages, &c.-Upon mortgages or other instruments legally conferring upon the holder a right of deferred or immediate action against the debtor.

CHOSES IN ACTION.

5667. Future Payments.—All debts, securities for debts, cheques, bills, post-office orders (5691), or any other rights or powers, which confer upon the possessor or holder the means of procuring future payments of money, are called "choses in action," as distinguished from choses (or things) in possession; therefore,

5668. May be Sold.-Choses in action are a species of property which may be bought, sold, or given away like any other personal property, for the benefit of the purchaser or recipient.

COMMON DEBTS.

5669. Immediately Payable.-Unless anything is stipulated or implied to the contrary, a debtor for goods bought but refused, or received and accepted, becomes immediately liable to payment; and

5670. Only Remedy.-As a general rule, the vendor of goods once delivered and accepted, has no other remedy but an action for recovery of the price; but, on the one hand,

5671. Stipulated Credit.-A creditor's right of action may be deferred by reason of his having stipulated to give credit for a definite time, till the expiration of which time the debtor can effectually plead the stipulation as a defence; on the other hand,

5672. Power of Recovery.—If goods are sold with a distinct understanding that they are to be returned if not paid for in a given time-say upon delivery, or to-morrow, or in a week or month, the creditor may then elect to sue for the restoration of the goods or the price, whichever he may think fit; or he may take possession of the goods if, in doing so, he commits no violence or trespass (*).

(a) See "Trespass."