Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/494

 of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars or more than fifty dollars. [1911, ch. 285.]

The note to section 9230 applies here.

Constitutional provisions against special legislation are not violated by this section. State ex rel. Temple v. Barnes, 22 N. D. 18, 37 L.R.A. (N.S.) 114, 132 N. W. 215, Ann. Cas. 1913E, 930.

What amusements are prohibited by Sunday laws. 30 L.R.A. (N.S.) 465.

Keeping theater open on Sunday as violation of Sunday law. 17 L.R.A. (NS.) 1157.

§ 9232. First day of week. Acts prohibited. The first day of the week being by general consent set apart for rest and religious uses, the law prohibits the doing on that day of certain acts hereinafter specified. [R. C. 1905, § 8567; Pen. C. 1877, § 38; R. C. 1899, § 6837.]

Constitutionality of Sunday laws. 22 L.R.A. 721; 49 Am. Dec. 616; 78 Am. St. Rep. 264.

Criminal liability for Sabbath breaking by agent or servant. 41 L.R.A. 658, 670.

Criminal liability of children for Sabbath desecration. 36 L.R.A. 208.

Municipal ordinance regulating observance of Sunday, which is also regulated by state law. 17 L.R.A. (N.S.) 51.

Right of both state and municipality to convict of violation of Sunday closing laws. 31 L.R.A. (N.S.) 708.

As to similar provision in Cal. Pen. Code, 300, see Ex parte Burke, 59 Cal. 6, 43 Am. Rep. 231; Ex parte Koser, 60 Cal. 177.

§ 9233. Sabbath breaking defined. Any violation of the foregoing prohibition is Sabbath breaking. [R. C. 1905, § 8568; Pen. C. 1877, § 39; R. C. 1899, 6838.]

Violation of Sunday law as a continuing offense. 20 L.R.A. (N.S.) 783.

§ 9234. Day defined. Under the term "day," as employed in the phrase “first day of the week," in the seven sections following, is included all the time from midnight to midnight. [R. C. 1905, § 8569; Pen. C. 1877, § 40; R. C. 1899, § 6839.]

§ 9235. Acts of Sabbath breaking enumerated. The following are the acts forbidden to be done on the first day of the week, the doing of any of which is Sabbath breaking:

1. Servile labor.

2. Public sports.

3. Trades, manufactures and mechanical employments.

4. Public traffic.

5. Serving process. [R. C. 1905, § 8570; Pen. C. 1877, § 41; R. C. 1895, § 6840.)

Sunday transfer of property is effective so far as executed. Rosenmaum v. Hayes, 10 N. D. 311, 86 N. W. 973.

Several violations on the same day of the statute prohibiting business upon Sunday constitute but one offense. 57 Am. Rep. 467.

As to similar provision in Cal. Pen. Code, I 301, see Ex parte Burke, 59 Cal. 6, 43 Am. Rep. 231; Ex parte Koser, 60 Cal. 177.

§ 9236. Servile labor prohibited. All manner of servile labor on the first day of the week is prohibited, excepting works of necessity or charity. [R. C. 1905, § 8571; Pen. C. 1877, $ 42; R. C. 1899, § 6841.]

Sunday labor. 14 L.R.A. 192.

Work which may be done on Sunday. 30 Am. St. Rep. 27.

Secular acts which are not unlawful on Sunday. 32 Am. Rep. 557.

Running of railways upon Sunday whether a work of necessity. 40 Am. Rep. 418.

Agricultural operations on Sunday as works of necessity. 5 L.R.A. (N.S.) 320.

Keeping barber shop open on Sunday. 14 L.R.A. 194; 55 Am. Rep. 556.

Right of servant to recover for extra work done on Sunday. 30 L.R.A. (N.S.) 659.

Servant's duty to obey master's orders as to working on Sunday. 24 L.R.A. (N.S.) 833.

§ 9237. Defense, other day observed. It is a sufficient defense in proceedings for servile labor on the first day of the week, to show that the accused uniformly keeps another day of the week as holy time, and does not labor upon that day, and that the labor complained of was done in such manner as not to interrupt or disturb other persons in observing the first day of the week as holy time. [R. C. 1905, § 8572; Pen. C. 1877, § 44; R. C. 1899, § 6842.]