The English statute excepted from its operation works of necessity and charity;49 and in the United States similar exceptions are ordinarily made. What cases come within the exception cannot be marked by definite boundaries since each case is dependent on its own particular facts. The saving of property may make it necessary to do work of a kind which would ordinarily be within the prohibition of the statute.50 The work of healing the sick and of the ministry obviously falls within the exception, as may ordinary household work. Even a promissory note may be binding though made on Sunday, if circumstances make it essential.51 A contract made on Sunday with a telegraph company for the transmission of a despatch is binding, if the nature of the message, either because of its intrinsic character or because of an emergency, rendered it proper for transmission on that day.52 The distribution and
Banks v. Werts, 13 Ind. 203; Gwinn v. Simes, 61 Mo. 335; Rosenblum v. Schachner, 84 N. J. L. 525, 87 Atl. 99 (only by an express promise); Smith v. Case, 2 Or. 190; Sayles v. Wellman, 10 R. I. 465; Adams v. Gay, 19 Vt. 358; Minn v. St. John, 51 Vt. 334, 345. See also cases cited supra, n. 42.
47 Campbell v. Young, 9 Bush, 240; Cook v. Forker, 193 Pa. St. 461, 44 Atl. 560, 74 Am. St. Rep. 699.
48 See supra, Sec.148.
49 See comment on the vagueness of these words in King v. Younger, 5 T. R. 449, 452, where the defendant was held not criminally liable for baking meat and pastry on Sunday for a customer.
50 Johnson v. People, 42 11I. App. 594; Wilkinson v. State, 59 Ind. 416, 26
Am. Rep. 84; McGatrick v. Wason, 4 Ohio St. 566; Whitcomb v. Gilman, 35 Vt. 297. See also Edgerton v. State, 67 Ind. 588, 33 Am. St. Rep. 110; Unge-richt v. State, 119 Ind. 379, 21 N. E. 1082, 12 Am. St. Rep. 419; Armstrong v. State, 170 Ind. 188, 193, 84 N. E. 3, 15 L. R. A. (N. S.) 646.
51 Burns v. Moore, 76 Ala. 339, 52 Am. Rep. 332; Few v. Gunter, 10 Ga. App. 100, 72 S. E. 720; Sayre v. Wheeler, 32 Iowa, 559, 561.
52 Western Union Tel. Co. v. Wilson, 93 Ala. 32, 9 So. 414, 30 Am. St. Rep. 23; Western Union Tel. Co. v. Yopst, 118 Ind. 248, 20 N. E. 222, 3 L. R. A. 224; Western Union Tel. Co. v. Fulling, 49 Ind. App. 172, 96 N. E. 967; Burnett v. Western Union Tel. Co., 39 Mo. App. 599; Gulf, etc., R. Co. v. Levy, 59 sale of newspapers on Sunday has been held not within the permitted exceptions.53 The duty of a carrier, and to some extent the duty of other public service corporations, is so far dependent on obligations imposed by law without reference to contract, that the propriety of dealing with such corporations on Sunday depends on other principles than those of contractual liability.