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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 of the age of fourteen years, offending in the premises, shall forfeit five shillings. This enactment invalidates a sale of goods on a Sunday, in the ordinary course of the trade or business of the party attempted to be charged upon such contract (m); and consequently an action for the price of the goods, or for the non-performance of a promise made in reference to the sale, could not be maintained. But a sale on a Sunday, which is not made in the exercise of the trade or ordinary calling of the vendor, or his agent, is not void at common law, or by the above statute of Car. 2 (n). And the purchaser may avail himself of the contract, if he did not know that the vendor, by entering into the contract, was exercising his ordinary calling on the Sunday, although the vendor be, on that ground, unable to sue thereon (0).

But a contract for the sale of goods, &c., though made on a Sunday in the exercise of the vendee's calling or business, is not affected by the statute, unless it be a complete contract on that day. If, on the parol purchase of a horse on a Sunday, it be not delivered, and nothing be paid until a subsequent day, the contract is good; for under the Statute of Frauds there was no binding bargain on the Sunday (p). And where the defendant having bought and received some cattle of the plaintiff, a drover, on Sunday, kept them, and afterwards promised payment, it was held that he was liable upon a quantum meruit (q). where in an action for not accepting goods, it appeared that the contract for the sale was effected by a broker on Sunday, and that at the defendant's request, a contract, or bought note, was then delivered to him, and the broker, on the same day, made an entry of the contract in his book, but did not deliver the sold note to the plaintiff, (the vendor,) for some days; it was held, that

(m) Fennell v. Rider, 8 D. & R. 204; 5 B. & C. 406; Rex v. the Inhabitants of Whitnash, 7 B. & C. 602.

(n) Drury v. Defontaine, 1 Taunt. 131; Bloxsome v. Williams, 3 B. & C. 233, 234; 5 D. & R. 84, 85, S. C. The statutes do not render travelling on a Sunday, by a stage coach or a post chaise, illegal; so that the reward for the hire may be recovered; Sandiman v. Breach, 7 B. & C. 96. And a

But

contract between a farmer and labourer for the hire of the latter, is good, though made on a Sunday; Rex v. the Inhabitants of Whitnash, 7 B. & C. 596. A baker may bake dinners for customers on Sunday; Rex v. Younger, 5 T. R. 449.

(0) Bloxsome v. Williams, 3 B. & C. 232; 5 D. & R. 82, S. C. (p) Id.

(q) Williams v. Paul, 6 Bing. 653.

the contract was complete on the Sunday, and was void, though entered into by an agent, and though the objection was taken by the party, the defendant, who pressingly desired it might be perfected on that day (r).

Sale of Game.-The statute of 1 & 2 W. 4, c. 32, s. 17, enacts, "that every person who shall have obtained an annual game certificate, shall have power to sell game to any person licensed to deal in game according to the provisions of the act; provided always that no game certificate, on which a less duty than 31. 13s. 6d. is chargeable, under the acts relating to game certificates, shall authorise any game-keeper to sell any game, except on the account, and with the written authority of the master whose game-keeper he is; but that any such game-keeper selling any game, not on the account, and with the written authority of such master, may be proceeded against under this act, in the same manner as if he had no game certificate."

The 25th section enacts, that if any person, not having obtained a game certificate, (except such person be licensed to deal in game,) shall sell, or offer for sale, any game to any person; or if any person authorised to sell game, by virtue of a game certificate, shall sell or offer for sale any game to any person, except a person licensed to deal in game; every offender shall, on conviction before two justices of the peace, forfeit for every head of game so sold, or offered for sale, such sum of money not exceeding 2., as to the said justices should seem meet, together with the costs of the conviction.

The 26th section enacts, that it shall be lawful for any innkeeper, or tavernkeeper, without any such licence for dealing in game, to sell game for consumption in his own house, such game having been procured from a licensed dealer.

The 27th section enacts, that if any person, not being licensed to deal in game, shall buy any game from any person, except from a person licensed to deal in game, or bonâ fide from a person affixed to the outside of the front of whose house, shop, or stall, is a board, purporting to be the board of a person licensed to deal in game, every such offender shall, on conviction thereof before two justices of the peace, forfeit for every head of game so bought, such sum of money, not exceeding five pounds, as to the said justices shall seem meet, together with the costs of the conviction.

(r) Smith v. Sparrow, 12 Moore, 266; 4 Bing. 84; 2 C. & P. 544, S. C.

Sale of Spirituous Liquors.-The statute 24 G. 2, c. 40, s. 12, passed to prevent tippling, enacts that no person shall be entitled to sue for, or on account of, any spirituous liquors, unless such debt shall have been bonâ fide contracted for at one time, to the amount of 20s. or upwards; nor shall any particular item or article in any account or demand for distilled spirituous liquors, be allowed and maintained, where the liquors delivered at one time, and mentioned in such article or item, shall not amount to 20s., at the least, and that without fraud and covin.

This enactment does not extend to liquors bought for the purpose of being sold again, and not consumed by the defendant (s). And it has been considered, that it does not avoid the sale of liquors under 20s. supplied by a publican to an officer in the army, to be used out of the plaintiff's house, by recruits and others under the command of the defendant (t). But the statute has been held to defeat items (in a tavern bill) under 20s., for spirits supplied to the guests, on the defendant's credit (u). And it relates to spirits mixed with water (x). And if part of the consideration of a bill of exchange, or promissory note, be void within the statute, the instrument is altogether inoperative in the hands of the party who received it upon such consideration (y).

Purchases or Sales of Cattle by Salesmen, &c. employed to sell. -By the 31 G. 2, c. 40, s. 11 (z), after reciting that "whereas salesmen, brokers, or factors, employed by feeders of cattle, or farmers, to sell their live cattle within the city of London, or within the said limits of the weekly bills of mortality, may be guilty of many abuses, greatly to the prejudice of their employers, by indirectly selling such cattle, and by that means stocking lands which they may hire for that purpose near the markets, within the said city of London, or weekly bills of mortality, where such cattle may be brought to be sold again, whenever they shall find a proper time or opportunity of selling the same to advantage;" it is enacted "that no salesman or other broker or factor, who shall be employed to buy or sell any sort of cattle for others by commission, or for reward to be paid or taken, shall

(s) Jackson v. Attrill, Peake's R. 180.

(t) Spencer v. Smith, 3 Camp. 9. (u) Burnyeat v. Hutchinson, 5 B. & Ald. 241.

(x) Scott v. Gillmore, 3 Taunt. 226. (y) Id. See Crookshank v. Rose,

5 C. & P. 19; 1 M. & R. 100, S. C.

(2) This statute is in part repealed, viz., as to hay and straw, &c., by 36 G. 3, c. 88. The sale of goods by lottery or raffling is illegal, 2 Burn's J., 983, 26th ed., tit. Gaming, III.

by himself, or any servant or agent, directly or indirectly, on or for his own account, buy any live ox, bull, cow, steer, bullock, heifer, calf, sheep, lamb or swine, in London, or within the limits of the weekly bills of mortality, or at any place whils. any such cattle shall be on the road, or be driving, bringing or coming up to be sold, or offered to, or for sale in London, or at any other place within the limits of the weekly bill of mortality; (other than such cattle which any such salesman, broker, or factor, shall actually purchase for the necessary use or provision of his family, and shall actually use accordingly); and that no such salesman, broker, or factor, shall sell, or expose, or offer to or for sale, on his own account in London, or at any other place within the said limits of the weekly bills of mortality, either by himself or his servant or agent, any live ox, bull, cow, steer, bullock, heifer, calf, sheep, lamb, or swine; upon pain that the offender shall, every time he shall be convicted of any such offence as hereinafter mentioned, forfeit and pay for every such offence, double the value of any live cattle, which he shall so buy or sell, on his own account, contrary to the tenor of this act.'

Fire works. By the statute 9 & 10 W. 3, c. 7, s. 1, it is enacted, that no person shall sell or utter, or offer or expose for sale, any squibs, serpents, rockets, or other fire works: and by section 2, a penalty of 5. is imposed on persons selling the same, or any cases, moulds, or other implements for making them.

Newspapers.-The statute 29 G. 3, c. 50, s. 9, recites that an usage prevailed amongst the hawkers of newspapers, and other persons, instead of selling the newspapers, to let out the same, for small sums, to be read by different persons, whereby the sale of newspapers was greatly obstructed; and it then enacts, that if any such hawker, or other person, shall let out any newspaper for hire, to any person or persons, or to different persons, or from house to house, the offender shall forfeit 51.

5thly. OF THE RIGHTS OF THE VENDOR (a).

We have already seen that unless there be an express agreement for credit, the price of goods sold must be paid before the vendor is bound to deliver them (b); and that the nonpayment of the price will, in some instances, entitle the vendor to dissolve

(a) Who may sue as vendors, see 1 Chitty Pl. 5th ed. 8, 12, 13; Cothay

v. Fennell, 10 B. & C. 671,
(b) See ante, 298, 299.

the contract (e). "After earnest given,the vendor cannot sell the goods to another without a default in the vendee; and. therefore, if the vendee do not come and pay for and take away the goods, the vendor ought to go and request him; and then, if he do not come and pay for and take away the goods in a convenient time, the agreement is dissolved, and the vendor is at liberty to sell them to any other person (d)." Nor is it an entire waiver of a contract for payment on delivery, that the seller allowed the purchaser to carry away a part of the goods without paying for them (e). The remainder may be withheld for the price.

R. agreed to supply W. with straw, to be delivered at W.'s, premises, at the rate of three loads in a fortnight, during a specified time; “and W. agreed to pay R. 33s. per load, for each load of straw so delivered on his premises," during the above period. After the straw had been supplied for some time, W. refused to pay for the last load delivered, and insisted on always keeping one payment in arrear. It was held, that, according to the true effect of the agreement, each load was to be paid for on delivery, and that on W.'s, refusal so to pay for them, R. was not bound to send any more (f).

Independently of the vendor's right of stopping the goods after he has parted with them, and whilst they are in transitu, (that is, before they have finally reached their destination, or have been received by the purchaser), in the event of the latter becoming insolvent, such insolvency entitles the vendor to withhold the goods for the price; although they have not been forwarded on any part of their journey, and were sold on a credit which has not expired (g). But a vendor who takes a bill of exchange, or promissory note, and negociates it, loses his lien; and the lien does not revive on the dishonour of the instrument, if it be in the hands of a third person (h).

The terms of the credit agreed upon, must be regarded in an action for the price, although the defendant is already partially in default. Thus, if goods be sold upon the terms that half the

(c) Ante, 298, 299.

(d) Per Holt, C. J., Langford v. Administratrix of Tiler, Salk. 113; cited by Lord Ellenborough, C. J., in Hinde v. Whitehouse, 7 East, 571; see per Littledale, J., 4 B. & C. 945.

(e) Payne v. Shadbolt, 1 Camp. 427; Peake's Ev. 4th ed. 256, 257.

(f) Withers v. Reynolds, 2 B. & Ad. 882.

(g) See Tooke v. Hollingworth, 5 T. R. 215; Hanson v. Meyer, 6 East, 614; per Bayley, J., in Bloxam v. Sanders, 4 B. & C. 948, 949.

(h) Bunney v. Poyntz, 1 N. & M.

229.

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