The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1894-07-24


strued, the courts declaring that man
might do anything, buy or sell, or work
IN any way on Sunday if not in his
ordinary calling"
In this country Sunday laws were
passed in most of the Colonies, and are
now in force in most of the States.
The prevailing distinction in the early
statutes was between "works of neces-
sity and mercy" or necessity and
charity" which were permitted, and
all others which we're prohibited.
In Massachusetts, the words of the
statute are: mo person shall do any
manner of labor, business or work, ex
cept only works of necessity and char
ity, on the Lords day."
In New Hampshire: mo person
shall do any labor, business or work of
his secular calling, work of necessity
and mercy only excepted, on the Lords
day"
In Vermont: mo person shall exer-
else in secular labor, business or en-
ployment, except such works only as
works of necessity and charity, on the
Lords day"
Similar provisions are found in the
statutes of Connecticut, Pennsylvania,
Alabama and Kentucky. Under the
above statutes it is well settled that all
contracts of every description entered
into on Sunday, and not within the ex
ceptions noted, are unlawful and void.
In Maine, New Hampshire and Yer
mont the giving of note on Sunday
has been held illegal and the note void.
In Massachusetts bond executed on
Sunday is declared void. Decisions
are found agreeing with these cases in
Connecticut, Pennsylvania, Alabama,
Kentucky and Michigan. An exchange
of horses on Sunday was held void in
Kentucky. In New York the statute
provides that there shall not be any
service, labor or working on Sunday,
except works of necessity and charity,
and that no person shall expose for sale
any wares, etc., on Sunday, excepting
certain goods mentioned Under these
provisions it is held that any contract
which has for it's consideration the do
ing of any ordinary work or labor on
Sunday is void, and that contract to
publish an advertisement in news
paper issued on Sunday is void. 1t has
been held in New York that the pro
hibition extends not to mere private
contracts of sale made without violat-
ing, or tending to produce violation, of
public order and the due solemnity of
of the day, and that therefore a private
transfer of personal property made on
Sunday is valid.
In Ohio, the words used as express
ing the sort of work that is rendered
unlaWful are, ''at common labor. 1t
is held that these words embrace the
business of trading, selling or buying
any goods, wares or merchandise. 1t
has been held in that State that a con-
tract entered into on Sunday for the
sale of land is valid. In Indiana the
statute is precisely like that in Ohio,
but it has been held in that State that
all contracts made on Sunday are void.
The cases declare that while neither
the English statute nor those of this
country expressly declare that con
tracts made on Sunday shall be void,
that the principle is well settled and OF
general application that all contracts
made in violation of statute are void.
In Indiana, Pennsylvania and Ala
bama it has been held that deed made
on Sunday is void, but that, as it takes
effect from the delivery, if it be deliv-
cred on Monday, it is good. The eff cacy
of legal instrument is impaired by Its
delivery. A contract cannot be said
to be fully executed until delivery. II
is generally held that if contract is
commenced on Sunday but not com
pleted until subsequent day, or if ii
merely grew out of a transaction which
took place on Sunday, it is not for this
reason void. Some cases hold that
where a contract is entered into on
Sunday, and is therefore void, it may
be rendered valid by a subsequent
recognition or ratification. There is 6
difference of opinion among the
authorities on this question.
Parsons says that when a contract
of sale is made on Sunday and the
property is delivered to the vendee, but
the, price is not paid, he is inclined tc
think that the property so delivered
becomes the property of the vendee
and that he may retain it without pay
ing the price.
The statutes of South Carolina, New
Hampshire- and Rhode Island use the