
    PEOPLE ex rel. FREDERICK K. LAWRENCE v. SIMON P. LYONS. PEOPLE ex rel. AUGUSTUS CHURCHILL v. SIMON P. LYONS.
    
      Sunday law — 2 B. 8. {5th ed.), 936, § 66 — place where labm' performed must he stated — admission in answer.
    
    The relators were arrested by virtue of a warrant, issued by the defendant upon an affidavit charging them with a violation of the Sunday law (2 R. S. [5th ed.], 936 § 66), “ in tending lock on the Delaware and Hudson canal, contrary to the statute in such case made and provided.” Held, that the affidavit was defective, in not alleging the place where the alleged offense was committed.
    Bach relator, by his answer, admitted that, on “ the first day of the week, called Sunday, he was personally engaged in tending lock on the Delaware and Hudson canal, but that such tending was not contrary to statute or any law.” Upon this plea, without any testimony being taken, the relators were convicted and fined. Held, error; that the words “tending lock” did not of themselves purport to be servile labor not necessary; that to “tend” was to watch, to guard, to do things necessary, etc., and would rather imply a necessary work.
    Oeetiobaei to review the conviction of the relators before the defendant, a Justice of the Peace, for a violation of the Sunday law.
    
      F. L. Westbrook, for relator. A. Sohoonmaker, Jr., for defendant.
   Opinion

f>er Cwriam.

Present — LeabNed, P. J., BoaedmaN and Bookes, JJ.

Judgments and proceedings reversed.  