236 



shown upon that day, not even in the stables, till 

 after divine service ; but about two or three o'clock 

 the stables are frequented by a great many people 

 with a view to prepare themselves for the auction 

 on Monday. In a minor degree, the same custom 

 obtains in the dealer's yard, especially at the west 

 end of the town ; and no doubt many bargains are 

 made on these occasions. If it were for no other 

 abject than to check a system which is justly 

 offensive to public feeling, I should quote the fol- 

 lowing case, from which it appears as w^ell that a 

 sale of goods by a dealer in the ordinary course of 

 trade, is void if made upon a Sunday, as that it is 

 valid if made by private individuals out of their 

 ordinary course of business. 



1 Taunton, 131, Drury v. De Fontaine. — "A sale 

 of goods not made in the exercise of the ordinary 

 calling of the vendor or his agent, is not void at 

 common law, or by the statute 29 Char. II. cap. 7." 



The plaintiff, a banker, sent his horse to Hull's 

 commission and auction stables for sale : the de- 

 fendant called on a Sunday, and having tried the 

 horse for an hour, requested leave to show it to one 

 M^Kenzie. Leave was given, on condition of 

 bringing back either the horse or £100 by two 

 o'clock : if not returned by that hour, the horse 

 should be the defendant's. It was not returned 



