
    Speidell against Fash.
    plaintiff’s re-^days^xcl™ sive from the summons^ a when the^6th un ay‘ A justice may, on the
    Certiorari to a Justice’s Court. Fash sued Speidell by summons, returnable March 10th, 1823. The cause was ad-^0urne<^’ 011 ^le defendant’s request, to the 13th March; on which day the plaintiff’s agent making oath that a material witness was sick, the Justice adjourned to the 17th of March, being 7 days exclusive of the 1st, after the return of the process. This was on the ground that the 16th was Sunday \ and holden well.
    
      W. II. Coleman, for the plaintiff in error.
    
      E. McQaraghan, contra.
   Judgment affirmed. 
      
      
         Vid. ante 19, n. (a) Where the Justice adjourns for a longer time than is allowed by law, it is a discontinuance. (1 John. Cas. 101-2. 3 Caines, 171. 2 John. 192. 7 John. 381.)
     