
    Chester Alderman versus John Phelps.
    Where the thirty days, during which property attached on mesne process is held subject to execution, expire on Sunday, the lien created by the attachmer' does not continue through the next day.
    This was an action of the case against the defendant, as sheriff of the county of Hampden, for the neglect of one of his deputies, in not seizing, on execution, certain real estate attached by him on the original writ in the same suit. The judgment on which the said execution issued was rendered on the 22d of November, 1816, and the execution was delivered by the plaintiff to the deputy sheriff on the 22d of December following, which was Sunday. Howe, for the plaintiff, argued that, Sunday being the thirtieth day from the rendition of the judgment, and that * being a day in which the officer could not execute any civil process, the lieu created by the attachment t.ontin ued through Monday; and he cited the case of Lee vs. Carlton, 
       where it was decided that, if the last of four days allowed for a defendant to plead in abatement happen on a Sunday, the plea may be filed on the next day; and the reason given is that, otherwise, the time would be limited to three days. So, in the present case, if Monday be not allowed, the plaintiff* had but twenty-nine days within which to levy his execution. Thus, too, in Bullock vs. Lincoln, 
       where the fourth day for putting in bail falls on Sunday, the party has all the next day to put it in. So, also, in Cock vs. Bunn, 
       where a rule to plead expires on Sunday, being the last of twenty days, the defendant has the next day in which to plead. Where the last day is Sunday, say the Court, that is to be rejected.  The law respecting bills of exchange, &c., is part of the law merchant, and has no application to the present question.
    
      Ashmun, for the defendant.
    The plaintiff may contend that all the Sundays within the thirty days are to be taken out, as well as the last; and if it were so, then, in case of bail who are liable for a year, there will be fifty-two days to be added to the year limited by the statute.
    
      
       3 D. & E. 642.
    
    
      
       Strange, 914.—Ibid. 782, Studley vs. Sturt, S. P.
    
    
      
       6 Johns. 326.
    
    
      
      A) See also Tidd’s Practice, 431, 520, 632.— Connecticut Rep. 69.
    
   By the Court.

The statute has limited the lien formed by the attachment on mesne process to thirty days from the rendering of the judgment. It is not for this Court to extend the term ; nor do we see any reason why the last day of the thirty should be excluded because it happens to be Sunday, rather than any or all the Sundays during the time limited.

Plaintiff nonsuit.  