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CHAPTEE III. 



SALES OF HORSES 15Y IIORSEDEALERS, AUCTIONEERS, 

 AND AGENTS, AND IN MARKET OVERT. 



In treating of the sales mentioned at the head of who is a 

 this chapter, the first question for consideration is, dealer, 

 what is a horse dealer? According to a legal 

 decision which has Leen much discussed, a horse 

 dealer is one, who in his trade " distributes 

 horses" {«). 



The question is one of importance, because as 

 Sunday is by no means an uncommon day for 

 bargains to bo made in horse flesh, and because 

 it is established by law and practice, that horse- 

 keepers cannot maintain an action upon the sale of 

 a horse made by such horse dealer on a Sunday (i). 

 The reason of this is that " the Act for the better Dealing iu 

 Observation of the Lord's Day " (29 Car. 2, c. 7, suuday" 

 s. 1), enacts, that no tradesman shall exercise his ^{^^^^l'^ 

 ordinary calling upon the Lord's day, and as the 

 ordinary calling of a horse dealer is selling and 

 bargaining about horses, a sale of a horse on a 

 Simday, or a contract made respecting one on that 



[a] Allen v. Sharpc, 2 Ex. 352. 



(>,) Fonirllv. Jiidln; 5 B. & C. 406. 



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