the subject. That of 1457, c. 6, ordered the practice of archery on Sunday; that of 1526, c. 3, allowed markets for the sale of flesh to be held on Sunday at Edinburgh. Then came a long series of acts forbidding the profanation of the day, especially by salmon-fishing, holding fairs and markets, and working in mills and salt-pans. The act of 1579, c. 70, and 1661, c. 18, prohibit handy labouring and working, and trading on the Sabbath. Under the act of 1579 the House of Lords in 1837 held that it was illegal for barbers to shave their customers on Sundays, although the deprivation of a shave might prevent decently disposed men from attending religious worship, or associating in a becoming manner with their families and friends through want of personal cleanliness. The later legislation introduced an exception in favour of duties of necessity and mercy, in accordance with ch. 21 of the Confession of Faith (1690, c. 5).
In more modern times the exigencies of travelling have led to a still further extension of the exception. In these acts the word Sabbath is generally used as in the Commonwealth ordinances. The Sabbath Observance Acts were frequently confirmed, the last time by the Scots parliament in 1696. The Scottish Episcopalians Act 1711 (10 Anne, c. 10) contains a proviso that all the laws made for the frequenting of divine service on the Lord's day commonly called Sunday shall be still in force and executed against all persons who shall not resort either to some church or to some congregation or assembly of religious worship allowed and permitted by this act. The Scots acts were held by the High Court of Justiciary in 1870 to be still subsisting, as far as they declare the keeping open shop on Sunday to be an offence by the law of Scotland (Bute's Case, 1 Couper's Reports, 495), but all except those of 1579 and 1661 above specified were repealed in 1906. The Licensing (Scotland) Act 1903 provides by the scheduled forms of certificate for the closing on Sunday of public-houses, and places licensed for the sale of excisable liquor, and in the case of inns and hotels forbids the sale of intoxicants except for the accommodation of lodgers or travellers. There has been litigation as to the legality of running tram-cars on the Sabbath.
By the Herring Fishery (Scotland) Act 1815, s. 11, herring nets set or hauled on the coast or within two leagues thereof on Sundays are forfeited. By the Salmon Fisheries (Scotland) Act 1868, s. 15, fishing for salmon on Sunday, even with a rod and line, is an offence, as is taking or attempting to take or assisting in fishing for salmon.
As to contracts and legal process, the law is in general accordance with that of England. Contracts are not void, apart from statute, simply because they are made on Sunday. Diligence cannot be executed but a warrant of imprisonment or meditatio fugae is “exercisable.”
Ireland.—In Ireland an act of 1695 (7 Will. III. c. 17) covers the same ground as the English act of 1677, but the acts referred to under England do not apply. An act of 1851 (14 & 15 V. c. 93, s. 11) provides for the issue and execution of warrants for indictable offences and search-warrants on Sundays. But proceedings to obtain sureties for the peace taken on Sunday are void. The Irish act of 1787 against killing game on Sunday (27 Geo. III. c. 35, s. 4) includes rabbits and quail, landrail or other wild fowl. The Sunday closing of public-houses with exemptions as to certain cities and as to railway stations, packet-boats and canteens, is enforced by legislation of 1878, continued annually until 1906 and then made perpetual with certain modifications (1906, c. 39, s. 1), and in the case of six-day licences by acts of 1876, 1877 and 1880.
In 1899 a race-course used for Sunday racing was closed by injunction as causing a nuisance to the Sunday peace and quiet of the neighbourhood and the services of the adjacent churches.
Where railway trains are run on Sundays one cheap train each way is to be provided (7 & 8 Vict. c. 85, s. 10; repealed in 1883 as to Great Britain).
British Colonies.—The English law as to Sunday observance was the original law of the colonies acquired by settlement, and in many of them so much of it as does not relate to the Church of England is left to operate without colonial legislation. In other colonies it is supplemented or superseded by colonial acts. Canada has an act (No. 27 of 1906) prohibiting all buying and selling and all exercise by a man of his ordinary vocations or business, either by himself or his employees on the Lord's day, except in case of works of necessity or mercy. In New Zealand an act of 1884 (c. 24, s. 16; amended 1906, c. 36) prohibits the carrying on on Sunday of any trade or calling, but the exceptions are numerous, and, besides works of necessity or charity, include driving live stock, sale of medicines, sale or delivery of milk, hairdressing or shaving before 9 a. m., driving public or private carriages, keeping livery stables, working railways, ships and boats, and letting boats for hire, and work in connexion with post offices and telegraphs and with daily newspapers. (W. F. C.)
Foreign Countries.—Consequent on the introduction of a Weekly Rest Day Bill (which obtained a second reading) in the English House of Lords in 1908, a parliamentary paper was published in 1909 (cd. 4468) containing “Reports from His Majesty's Representatives Abroad as to Legislation in Foreign Countries Respecting a Weekly Rest Day.” The principal points are summarized below:—
Austria.—Legislation is embodied in laws of 1895 and 1905, which prohibit any industrial work on Sunday, rest on that day beginning not later than 6 a.m., and lasting for not less than twenty-four hours. Permission is given for absolutely necessary work, provided the employer submits to the authorities a list giving the names of the persons employed, and the place, duration and nature of their employment. Sunday work is permitted in certain industries. As to buying and selling, Sunday trading is permitted for not more than four hours, local authorities being the power for arranging the time; they may also forbid Sunday trading altogether, if they think it necessary. Traders who do not employ workmen may not work for themselves unless the doors by which the public may enter are closed. On feast-days, employees must, according to their respective religious beliefs, be allowed the necessary time for attendance at morning service. Offences are punishable by fine; a warning, however, is given on the first offence, and the fine (4s. 2d. for the first offence) rises for each subsequent offence.
Belgium.—Laws of 1905 and 1907 forbid work on Sunday to persons engaged in industrial and commercial enterprises, with certain exceptions, such for example, as industries which exist only at certain periods of the year, or which have a press of work at certain times, or open-air industries which depend on the weather.
Denmark.—The only legislation is a law of 1904 concerning the public peace on the National Church holidays and Constitution Day. It forbids all kinds of occupations, which, on account of noise, might disturb the holiday's peace. In the large towns carriage traffic for business purposes is also forbidden after 10 a.m.
France.—A law of the 13th of July 1906 established a weekly day of rest, for every workman or employee of not less than twenty-four consecutive hours. The weekly day of rest must be Sunday. The law applies irrespective of the duration or character of the work done, and to employees in all establishments of a commercial or industrial character. There are certain necessary exceptions, such as shops for retailing food, occupations in which place, season, the habits of the public, &c., make observance impossible, and in such the weekly day of rest must be given in rotation to the employees or a compensating holiday instead.
Germany.—Regulations as to Sunday rest are contained in the Trade Regulations (Gewerbeordnung) of the 26th of July 1900, according to which manufacturers cannot compel workmen to work on Sundays or holidays, except in certain cases of necessity. Nor in trading businesses may assistants, apprentices or workmen be employed at all on Christmas Day, Easter Sunday and Whitsunday, or on other Sundays and holidays more than five hours. The regulations do not apply to hotels, cafes, &c., or to theatres or other places of amusement, or to means of communication. Infringement of the regulations is punishable by a fine, not exceeding 600 marks or by imprisonment.
Hungary.—By a law of 1891 and others of 1903 and 1908 all industrial work is prohibited on Sundays and St Stephen's Day (the patron saint of Hungary). Certain categories of industries are exempted on account of necessity or the needs of the consuming public; independent small craftsmen who work at home without assistants are also exempted. The law is enforced by the police authorities and infringement is punished by fine.
Italy.—A weekly rest day has been enacted by a law of the 7th of July 1907. Exceptions to the law are river, lake and maritime navigation; agricultural, hunting and fishing industries; state railways and tramways and state public services and industrial undertakings.
Other European countries which have legislation are the Netherlands (law of 1889, as amended by a law of 1906); Spain (law of March 1904, Regulations of April 1905); and Switzerland (1906).
United States.—In the United States there is no Federal law, the question of a rest day being left entirely to the state legislatures, consequently “there exists considerable diversity of legislation on the subject, ranging from the old Quaker laws of the state of Pennsylvania of the beginning of the 18th century to the modern regulations of the Far Western agricultural and mining states . . . There is no state, however, where it is specifically laid down that an employee who is forced to work
