
    Cock against Bunn.
    ALBANY,
    August, 1810.
    expires" " * on dayi^otreticparty’has all the next day to do v/hat is required. WKava ti "uni O
    
    THIS cause was removed to this court, by habeas coi-y pus, from the mayor’s court, returnable on the first' Monday of May last. On the 7th of May, the defendant’s attorney was served with a copy of the declaration, and notice of a rule, to file bail in 20 days, or that a proceJ ’ 1 dendo issue, and also, that the defendant plead in 20 days, or judgment.
    The 27th day of May was Sunday, and on Monday9 the 28th of May, the plaintiff having entered a default, took opt a procedendo.
    
    
      Hopkins, for the defendant,
    now moved to set aside the default, and subsequent proceedings. He contended, that the last day of the time for putting in bail and plead? ing, being Sunday, the defendant had all the next day for that purpose. He cited 1 Str. 86. Salk. 684. 1 Sellan, 336.
    
      Champlin, contra,
    cited 3 Johns. Rep. 261. 3 Term, Rep. 642. The defendant had as many latv days, as in •any other case.
   Per Curiam.

Where the rule to plead expires on Sunday, the defendant has the next day, in which to plead. Where the last day is Sunday, that is to be rejected. We adopt the practice of the English court, in this respect.

Rule granted.  