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THE LORD'S DAY ACT.—Continued.

ment or pleasure, and passengers so conveyed shall not be deemed to be travellers within the meaning of this Act. A farmer who builds fences on his farm on a Sunday does not thereby infringe the Lord's Day Ordinance (N.W.T.), such employment not being ejusdem generis with that of a mechanic, workman or laborer. (24)

Sec. 9. Advertising prohibited performances, etc.—It shall not be lawful for any person to advertise in any manner whatsoever any performance or other thing prohibited by this Act.

2. It shall not be lawful for any person to advertise in Canada in any manner whatsoever any performance or other thing which if given or done in Canada would be a violation of this Act.

Sec. 10. Shooting.-It shall not be lawful for any person on the Lord's Day to shoot with or use any gun, rifle or other similar engine either for gain, or in such a manner or in such places as to disturb other persons in attendance at public worship or in the observance of that day.

Sec. 11. Sale of foreign newspapers on Sunday. It shall not be lawful for any person to bring into Canada for sale or distribution, or to sell or distribute within Canada, on the Lord's Day, any foreign newspaper or publication classified as a newspaper.

WORKS OF NECESSITY AND MERCY EXCEPTED.

Sec. 12. Works of necessity and mercy not prohibited. Notwithstanding anything herein contained, any person may, on the Lord's Day, do any work of necessity or mercy, and for greater certainty but not so as to restrict the ordinary meaning of the expression 'work of necessity or mercy,' it is hereby declared that it shall be deemed to include the following classes of work:

(a) Any necessary or customary work in connection with divine worship;

(b) Work for the relief of sickness and suffering including the sale of drugs, medicines and surgical appliances by retail;

(c) Receiving, transmitting or delivering telegraph or telephone messages.

(d) Starting or maintaining fires, making repairs to furnaces, and repairs in cases of emergency, and doing any other work, when such fires, repairs or work are

(24) R. v. Hamren, 7 Can. Cr. Cas., 188.

THE LORD'S DAY ACT.-Continued.

essential to any industry, or industrial process of such a continuous nature that it cannot be stopped without serious injury to such industry, or its product, or to the plant or property used in such pro

ccss;

(e) Starting or maintaining fires, and ventilating, pumping out and inspecting mines, when any such work is essential to the protection of property, life or health;

(f) Any work without the doing of which on the Lord's Day, electric current, light, heat, cold air, water or gas cannot be continuously supplied for lawful purposes;

(g) The conveying of travellers, and work incidental thereto;

(h) The continuance to their destination of trains and vessels in transit when the Lord's Day begins, and work incidental thereto;

(i) Loading and unloading merchandise, at intermediate points, on or from passenger boats or passenger trains;

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(j) Keeping railway tracks clear of snow or ice, making repairs in cases of emergency, or doing any other work of a like incidental character necessary to keep the lines and tracks open on the Lord's Day; (k) Work before six o'clock in the forenoon and after eight o'clock in the afternoon of yard crews in handling cars in railway yards;

(1) Loading, unloading and operating any ocean-going vessel which otherwise would be unduly delayed after her scheduled time of sailing, or any vessel which otherwise would be in imminent danger of being stopped by the closing of navigation; or loading or unloading before seven o'clock in the morning or after eight o'clock in the afternoon any grain, coal or ore carrying vessel after the fifteenth of September; (m) The caring for milk, cheese, and live animals, and the unloading of and caring for perishable products and live animals, arriving at any point during the Lord's Day;

(n) The operation of any toll or drawbridge, or any ferry or boat authorized by competent authority to carry passengers on the Lord's Day;

(0) The hiring of horses and carriages or small boats for

THE LORD'S DAY ACT.-Continued.

the personal use of the hirer or his family for any purpose not prohibited by this Act;

(p) Any unavoidable work after six o'clock in the afternoon of the Lord's Day, in the preparation of the regular Monday morning edition of a daily news

paper;

(2) The conveying His Majesty's mails and work incidental thereto;

(r) The delivery of milk for domestic use, and the work of domestic servants and watchmen;

(s) The operation by any Canadian electric street rail-
way company, whose line is interprovincial or inter-
national, of its cars, for passenger traffic, on the
Lord's Day, on any line or branch which is, on the
day of the coming into force of this Act, regularly
so operated;

(t) Work done by any person in the public service of His
Majesty while acting therein under any regulation
or direction of any department of the Government;
(u) Any unavoidable work by fishermen after six o'clock
in the afternoon of the Lord's Day, in the taking of
fish;
(v) All operations connected with the making of maple
sugar and maple syrup in the maple grove;
(w) Any unavoidable work on the Lord's Day to save
property in cases of emergency, or where such prop-
erty is in imminent danger of destruction or serious.
injury;

(x) Any work which the Board of Railway Commission-
ers for Canada, having regard to the object of this
Act, and with the object of preventing undue delay,
deems necessary to permit in connection with the
freight traffic of any railway.

A confectioner, whose business does not, as a matter of fact, include the supplying of meals, will not by taking out a municipal victualling house license, become entitled to sell ice cream preparations on Sunday, although a similar sale by a person actually conducting a victualling house would be exempt under the Sunday observance statutes. (25)

The sale of ice cream to the public on Sunday by a dealer who is not the keeper of a victualling or eating house, is an offence in

(25) R. v. Sabine, 8 Can. Cr. Cas., 70.

THE LORD'S DAY ACT.-Continued.

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Ontario under the Lord's Day Act of that province, C. S. U. C., c. 104. (26)

The sale of ice cream is not an offence under the Ontario Lord's Day Act, where supplied in the bona fide exercise of the business of keeping an eating house. (26)

OFFENCES AND PENALTIES.

Sec. 13. Violations of Act. Penalties.

Any person who violates any of the provisions of this Act shall for each offence be liable, on summary conviction, to a fine, not less than one dollar and not exceeding forty dollars, together with the cost of prosecution.

Sec. 14. Every employer who authorizes or directs anything to be done in violation of any provision of this Act, shall for each offence be liable, on summary conviction, to a fine not exceeding one hundred dollars and not less than twenty dollars, in addition to any other penalty prescribed by law for the same offence.

Sec. 15. Every corporation which authorizes, directs or permits its employees to carry on any part of the business of such corporation in violation of any of the provisions of this Act, shall be liable, on summary conviction before two justices of the peace, for the first offence, to a penalty not exceeding two hundred and fifty dollars and not less than fifty dollars, and, for each subsequent offence, to a penalty 'not exceeding five hundred dollars and not less than one hundred dollars, in addition to any other penalty prescribed by law for the same offence.

PROCEDURE.

Sec. 16. Provincial Lord's Day Acts not affected.

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Nothing here

in shall be construed to repeal or in any way affect any provisions of any Act or law relating in any way to the observance of the Lord's Day in force in any province of Canada when this Act comes into force; and where any person violates any of the provisions of this Act, and such offence is also a violation of any other Act or law, the offender may be proceeded against either under the provisions of this Act or under the provisions of any other Act or law applicable to the offence charged.

Sec. 17. Limitation of action. No action or prosecution for a violation of this Act shall be commenced without the leave of the Attorney General for the province in which the of

(26) R. v. Stinson, 10 Can. Cr. Cas., 16.

fence is alleged to have been committed, nor after the expiration of sixty days from the time of the commission of the alleged offence.

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The Quebec Sunday Observance Act, which came into force on the 28th of February 1907,-is the 7th Edw. VII., c. 42, by section 2 of which it is provided that, "no person shall, on Sunday, for gain, except in cases of necessity or urgency, do or cause to be done any industrial work, or pursue any business or calling, or give or organize theatrical performances, or excursions where intoxicating liquors are sold, or take part in or be present at such theatrical performances or excursions." And, by section 6 of the Act, it is provided, that, notwithstanding anything contained in the Act, whosoever conscientiously and habitually observes the seventh day of the week as the Sabbath day and actually abstains from work on that day, shall not be punishable for having worked on the first day of the week, if such work do not disturb other persons in the observance of the first day of the week as a holy day, and if the place where such work is done is not open for trade on that day.

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Sec. 2. Sec. 2. Definitions. In this Act, unless the context
otherwise requires,
(a) magistrate' means any justice of the
peace or any person having authority to
issue a warrant for the apprehension of
persons accused of offences, and to commit
such persons for trial;

(b) deposition' includes every affidavit, af-
firmation, or statement made upon oath;
(c) court' means,

in the province of Ontario, the High
Court of Justice,

in the province of Quebec, the Superior Court,

in the province of Nova Scotia, New Brunswick, Prince Edward Island or Brit

(27) See pages 1067-1073 of the Author's second edition of the Criminal Code for the old Act.

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