DELIVERY AND PAYMENT. 35 



with a balance of liis principal in his hands to a larger 

 amount (/•). 



The creditor must, however, present the cheque within 

 a reasonable time (s). 



If a creditor prefers a Bill of Exchange accepted by a Bill of ex- 

 stranger to ready money from his debtor, he must abide change, 

 the hazard of the security he takes (t). 



By the order of the creditor, a debt may be paid to a DeU paid to 

 third party, who, if he take payment in any other way '^ ^^^^^''^ party, 

 than in money, or if he give the debtor further time, 

 without the knowledge of the creditor, he does it at his 

 peril (u). 



SUNDAY DEALING. 



By a law of King Athelstan, all " merchandizing on Law of King 

 the Lord's Day " is prohibited, and it is thus laid down : ^tliel^tau. 

 "Die autem Domiiiico nemo mercafnram facifo ; id quod 

 si quis egerif, et ij)sa mercc, ct 30 prieterea soUdis miilc- 

 tator'' {x). 



And by 29 Car. 2, c. 7, s. 1, which is "An Act for Statute of 

 the better Observation of the Lord's Day," it is enacted, ^'^'''■^■l'^^ 2. 

 "that no tradesman, artificer, workman, labourer, or 

 other person whatsoever, shall do or exercise any u-orldhj 

 labour, business or icorh of their ordinary callings upon 

 the Lord's Day or any part thereof (works of necessity 

 and charity only escej)ted), and every person being of the 

 age of fourteen years or upwards offending in the premises 

 shall for every such offence forfeit the sum of 5«. ; and 

 that no person or persons whatsoever shall publicly cry, 

 show forth or expose to sale any wares, merchandizes, 

 fruit, herbs, goods or chattels whatsoever upon the Lord's 

 Day or any part thereof, upon pain that every person so 

 offending shall forfeit the same goods so cried or showed 

 forth, or exposed to sale." 



By the 34 & 35 Yict. 6. 87 (continued by the Expiring 

 Laws Continuance Act), s. 1, no prosecution or other 

 proceeding shall be instituted for the contravention of this 

 Act, but with the consent in writing of the chief officer of 

 the police of the police district in which the offence is 

 committed, or of two justices of the peace, or of the 



{r) Everett v. Collins, 2 Camp. {t) See per Lord EUenborough, 



515; see Stuckfield v. Sincl, ante, Everett y. Collins, 2 Camp. 516; aud 

 p. 31. see Chit. Contr. 10th ed. 682. 



(?) IIopMnsY.Warc, L. E., 4 Ex. («) Smith v. Ferrnnd, 7 B. & C. 



268; 38 L. J., Ex. 147. 19 ; Chit. Contr. 10th ed. GSS. 



(.»•) 2 Inst. cap. 31, p. 220. 



d2 



