Sunday Observance Act 1781

AN ACT for preventing certain Abuses and Profanations on the Lord's Day, called Sunday.

WHEREAS certain houses, rooms or places within the cities of London or Westminster or in the neighbourhood thereof have of late frequently been opened for publick entertainment or amusement upon the evening of the Lord's Day, commonly called Sunday; and at other houses, rooms or places within the said cities or in the neighbourhood thereof, under pretence of enquiring into religious doctrines and explaining texts of Holy Scriptures, debates have frequently been held on the evening of the Lord's Day concerning divers texts of Holy Scripture by persons unlearned and incompetent to explain the same, to the corruption of good morals, and to the great encouragement of irreligion and profaneness: Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that from and after the passing of this present Act any house, room or other place which shall be opened or used for publick entertainment or amusement, or for publickly debating on any subject whatsoever, upon any part of the Lord's Day, called Sunday, and to which persons shall be admitted by payment of money or by tickets sold for money, shall be deemed a disorderly house or place; and the keeper of such house, room or place shall forfeit the sum of two hundred pounds for every day that such house, room or place shall be opened or used as aforesaid on the Lord's Day, to such person as will sue for the same, and be otherwise punishable as the law directs in cases of disorderly houses; and the person managing or conducting such entertainment or amusement on the Lord's Day, or acting as master of the ceremonies there, or as moderator, president or chairman of any such meeting for publick debate on the Lord's Day, shall likewise for every such offence forfeit the sum of one hundred pounds to such person as will sue for the same; and every doorkeeper, servant or other person who shall collect or receive money or tickets from persons assembling at such house, room, or place on the Lord's Day, or who shall deliver out tickets for admitting persons to such house, room or place on the Lord's Day, shall also forfeit the sum of fifty pounds to such person as will sue for the same.

AND whereas, by reason of the many subtle and crafty contrivances of persons keeping such houses, rooms or places as aforesaid, it may often be difficult to prove who is the real owner or keeper thereof: Be it enacted by the authority aforesaid, that any person who shall at any time hereafter appear, act or behave him or herself as master or mistress, or as the person having the care, government or management of any such house, room or place as aforesaid, shall be deemed and taken to be the keeper thereof, and shall be liable to be sued or prosecuted and punished as such, notwithstanding he or she be not in fact the real owner or keeper thereof: And wherever any such house, room, or place shall belong to or be kept by divers persons in partnership, as joint-owners or joint-keepers thereof, each and every such joint-owner or joint-keeper of such house, room or place shall be deemed the keeper thereof, and shall be liable to be sued or prosecuted and punished as such; and any house, room or place at which persons shall be supplied with tea, coffee or any other refreshments of eating or drinking on the Lord's Day at any greater price than the common and usual prices at which the like refreshments are commonly sold upon other days at such house, room, or place, or at coffee houses or other houses where the same are usually sold, shall be deemed a house, room or place to which persons are admitted by the payment of money, although money be not there taken in the name of or for admittance, or at the time when persons enter into or depart from such house, room or place; and any house, room or place which shall be opened or used for any publick entertainment or amusement or for publick debate on the Lord's Day, at the expence of any number of subscribers or contributors to the carrying on any such entertainment or amusement or debate on the Lord's Day, and to which the persons shall be admitted by tickets, to which the subscribers or contributors shall be intitled, shall be deemed a house, room or place to which persons are admitted by the payment of money within the meaning of this Act.

AND for the better preventing persons assembling on the Lord's Day for such irreligious purposes as aforesaid, be it further enacted by the authority aforesaid, that any person advertising or causing to be advertised any publick entertainment or amusement or any publick meeting for debating on any subject whatsoever on the Lord's Day, to which persons are to be admitted by the payment of money or by tickets sold for money, and any person printing or publishing any such advertisement, shall respectively forfeit the sum of fifty pounds for every such offence to any person who will sue for the same.

AND any person intitled to either of the aforesaid forfeitures may sue for the same by action of debt in any of his Majesty's courts of record at Westminster, in which it shall be sufficient to declare that the defendant is indebted to the plaintiff in the sum of _________ [being the sum demanded by the said action], being forfeited by an Act made in the twenty-first year of the reign of his Majesty King George the Third, intituled "An Act for preventing certain abuses and profanations on the Lord's Day called Sunday;" and the plaintiff, if he recover in any such action, shall have his full costs.

Provided that no action shall be brought for either of the said penalties by this Act imposed unless the same be brought within six calendar months next after the offence committed.

Provided also, that if any action or suit shall be brought against any person for anything done in pursuance and in execution of this Act, the defendant may plead the general issue; and if a verdict pass for the defendant, or the plaintiff discontinue his or her action or be nonsuited or judgement be given against the plaintiff, then such defendant shall have treble costs.

Provided also, that the ecclesiastical jurisdiction within this realm shall not by this Act be altered or abridged, but that the ecclesiastical courts may punish the said offences as if this Act had not been made.

Provided also, that nothing in this Act contained shall be construed to extend to take away, alter or abridge any of the liberties or immunities to which the Protestant subjects of this kingdom are intitled by an Act made in the first year of the reign of King William and Queen Mary, intituled "An Act for exempting their Majesties Protestant subjects dissenting from the Church of England from the penalties of certain laws."