
    John Bray vs. Executors of Deare.
    A certiorari to remove a final decree of the Orphans’ (Jourt must be applied -for within ninety days after such decree is made.
    This was a certiorari directed to the Orphans’ Court of the county of Middlesex to remove a final decree of that .court, and was returnable to the last term, of the Supreme Court.
    
      Wood
    
    now moved to dismiss the certiorari because not .applied for within ninety days after the final decree had been made, Rev. Laws, 787, sec. 33. The allowance of the writ of certiorari was on the thirteenth day of March, 1829 ; the Orphans’ Court at which the decree was made commenced oivthe ninth day of December, 1828.
    
      Green, contra,
    said that it did not appear upon the pro.ceedings on what day of the term the final decree was made; and although the Orphans’ Court commenced on the .ninth day of December., yet it continued in session until the fifteenth, and it might have been made on the last day of the court, and the certiorari would then be within the time limited by the law,.
    
      Scott replied,
    that it was incumbent on the plaintiff to .-shew that he was reetus in curia. The final decree was without date except “ D.eeember Term.” This court would, therefore, presume that it was made on the first day of December term, for the whole term was considered as one .day; and all decrees are presumed to have been made on the first day of the term until the contrary appears. If made within the ninety days, it was incumbent on the plaintiff to shew it.
   By the Court.

The allowance of this writ of certiorari -was on the thirteenth of March, 1829. The Middlesex ’Orphans’ Court, at which the final ^decree was made, [*90 commenced on the ninth of December, 1828. The decree is .referred to the first day of the term when no other is mentioned. Hence there were more than ninety days between the decree and the application for the certiorari; therefore,

Let the certiorari be dismissed.  