Blackstone swann v broom No judgement can be give on a Sunday and if the  return of a writ of summons in a common recovery be on a Sunday and the  vouchee die on that day the recovery be bad SC ante this case be again argue  by Glynn sergeant for the defendant in error who allege that day of appearance  be of two sort compulsory and voluntary and that all amicable proceed have  relation to the latter only therefore the tenant have appear gratis it shall  be intend that he appear on the first possible day which be the essoign day of  the term which be the true day of appearance the quarto die post be only a day  of grace   Litt Bulstr dyer in Pigot on recoy lease and release to make a  tenant to the bring acipe be on that November recovery have in the same term  which relate back to November that be the essoign day therefore hold there be  no tenant to the prTcipe bro abridgm title relation to know facias on  judgement in debtwrit of error have be bring test the quarto die post hold  that it do not suspend the judgement that be antecedent videlicet on the  essoign day that the essoign day be on a Sunday make no difference that  business be former transact on a Sunday may be infer from the number of return  which be fix on Sunday that Sunday be still suppose the technical day though  in latter time no business have be do thereon several thing be permit by law  to be do on a Sunday cro car the court be adjourn to a Sunday and it be say  the court will meet on Sunday for the purpose of adjournment if a county be  adjourn to a Sunday and election of knight of the shire be necessary in the  mean time they shall Blackstone proceed to election that day in a writ of  right the appearance must be on a Sunday notice to appear be always make out  for Sunday if that be theJeus soign day if the Monday be insert in its stead  the notice have be hold have dicia writ make Blackstone er p returnable on a  Sunday be bad because there be no day of grace dyer but upon original writ the  return be make on Sunday because the tenant may have his option to appear on  that or a subsequent day Blackstone for plaintiff in error the judgement can  relate back to the first day of the term for that will contradict not only the  fact but the record the summons be returnable in one month of easter which be  in the middle of the term and no fiction can make the judgement prior to that  return the doctrine of relation hold where nothing appear to the contrary on  the record but when the sheriff be command on the roll to have the party here  on man pasch and it be then enter on which day come here as well the say a  c the court can wink so hard as not to see and take notice that the judgement  can not be give a fortnight before the day of appearance pound win and Selwin  c p Geo and m I Geo king bench the court will not consider the judgement in a  recovery prior to the return of the writ of entry as to the true question in  this case whether the vouchee die on a Sunday the nominal return day of the  writ of summons the judgement be not void as not be give in law till the  Monday I admit there be no fraction of a day but if any judgement can have be  give on the Sunday it will be sufficient if Swann be alive on any part of it I  admit also that judgement shall relate back as far in the term as the fact  appear on record will permit but no far and I will allow that recovery be to  be favour as be the Blackstone legal conveyance of tenant in tail as much as  feoff and will be the conveyance of tenant in fee but as feoff must be legal  complete by livery and will duly execute under the statute of fraud so  recovery must be complete by judgement during the life of the votichee it be  say he have do every material act in his power to perfect the recovery and  therefore the court will avail themselves of technical nicety to support it  but he have not nor can he appear in court and vouch over the common voucbee c  which be material form his intention be nothing to the purpose as he do not  live long enough to carry it into execution if one make a feoff and seal a  letter of attorney to deliver seize and die before livery be actual give the  feoff be void Litt judgement can not possible be give on the nominal return  day be Sunday and therefore no juridical day and before the Monday Edward  Swann be dead it will be necessary to look back to the original of our term  and return to maintain this argument Spelman of the term have show that former  all the year be one continual term till the church interpose and exempt  certain holy season from profanation which occasion our several vacation  certain festival and all Sunday be likewise exempt as to Sunda Vs in  particular they be protect by a canon of the church and a imperial edict still  extant in the theodosian Code and in England will Edward Conf c establish the  die peace to be inter all from three in the afternoon on Saturday till Monday  morning stat Henry call die communes in banc do not regulate the length of the  term but appoint or perhaps confirm certain day for return of writ general at  a week distance from each other and govern by some festival of the church and  while the parliament be regulate these return by those solemn festival it be  not to be suppose they will direct any secular business to be do on Sunday  contrary to the law of the church notwithstanding some return da be be always  on a Sunday they so reverence the canon that no oath can be administer in lend  or other holy time without licence from the bishop to the judge Blackstone Rym  Fced tempt Henry passim Britton c till by statute west c assize be allow by  assent of all the prelate to be take in lend c at the special request of the  king make to the bishop because it be charity to do right at all time which  expression at all time extend only to the die juridici which the lord day be  not Inst   Litt a d writ original be make nominal returnable on these day as  be more notorious and no profanation can happen since there be three  subsequent day of grace but as Mr sergeant have observe judicial writ which  have no day of grace can not be returnable on Sunday because a profanation  will necessary ensue that the court never sit on these day of nominal return  when Sunday appear from the register a when a tenant in a real action cast a  essoign a day be always griven he to warrant that essoign and the essoign be  in this case slavery doiaini king and the day of the return in quinden pasch  which be Blackstone er p always on a Sunday the king warrant the essoign by  certify that the tenant be in his service die Lunoa in tomorrow xv pasch et  dictum to be die Lunoe in tomorrow quindenve because die Dominic who to be  quindena placita non to hold whenever therefore the essoign day of any return  fall on a Sunday the court not only never sit in fact but be not suppose to  sit in law till the Monday follow midsummerday be certain no day in court the  term be always adjourn by proclamation from the d to the that June it happen  last term to fall upon octab Trin which be always a Sunday and a return day  suppose the writ of summons have be then returnable shall the judgement relate  back to a day on which the court confess can sit it may as well relate back to  the vacation and as Sunday be a die non as well as midsummerday the relation  back be equal impossible whenever a returnday fall on a die non the essoign  day and day of exception be consolidate the die non give denomination to the  return but the business must be transact the day after cro James Monday be the  day of tres Trin Blackstone Bulstr judgement give on the essoign day may be  good because it be intend the party appear on that day which can be intend on  a day when the court can sit cro car Monday be the first day of octab Trin and  tres Trin Davy and salt salk Mod by Powell I in a writ of right where the  appearance must be on the first day if the essoign day fall on a Sunday Monday  be the day of appearance for Sunday never be nor be a juridical day et per who  where the essoign day be on a Sunday a judgement can only relate to the first  juridical da which be Monday Lord Mansfield CJ deliver the opinion of the  court though a common recovery be in substance nothing more than a conveyance  yet it require due ceremony and solemnities as much as a will of land it must  be govern by analogy to the proceed in a real suit want of regularity will  therefore vitiate a recovery as much as the want of a three witness will a  will if nothing appear on the record to the contrary a judgement relate back  to the essoign day of the term if it appear on the face of the record that  judgement can not be give on the essoign day of the term it relate back only  to the essoign day of the return and have this essoign be on a week day the  tenant be then live the judgement must have be good e but it be object that be  on a Sunday and the tenant die that day the judgement be therefore bad if no  judicial act can be do if the court can not possible sit on a Sunday there the  recovery be clear wrong the point therefore be only whether by law a judgement  can be give on a Sunday No authority have be produce to show that it may but  it be argue that many judicial act be do on Blackstone Sunday that return be  make on that day that the tenant in tail may voluntary come in before the  quarto die post this be a amicable suit that fair c be ancient hold on Sunday  c but when the history of our court and the alteration make in they by the  canon and commonlaw be consider there will remain no difficulty sir h Spelman  have show that Christian to distinguish themselves from pagan make no  distinction of die fasti and contrary to divine law and sit on Sunday as well  as other day but in a canon be make against it in a imperial constitution to  the same purport and in another solemn season be except from do juridical act  by the law of Edward the confessor the statute Westminster c allow assize to  be take in lend and other law allow other thing to be do in holy season but  Sunday have be always settle to be no juridical day mirror c Inst Finchs law c  dyer in sir W Jones hold that a information exhibit on a Sunday be good but  that a judgement can not be enter on that day z as for the argument of return  be fix upon Sunday those be form before the canonical prohibition take place  and they be never alter by canon or otherwise which only have prohibit the  hold of plead on that day writ therefore and their return have continue in  their original form and course and the business be do on the Monday f n b old  edition yearbook Edward foe the practice rely on of give notice to appear c on  Sunday be only because they must follow the writ but that be know to signify  only Monday it be say that no statute have prohibit the court from sit on  Sunday the reason be because no court ever sit on that day it be hold in  Blackallys case   b that judicial act can be do on Sunday but ministerial may  it be say that a mere legal relation will not violate the Sunday the judgement  be in fact give on another day but you shall Blackstone er p not by any  relation presume what be a utter impossibility it be say that the recovery be  actual complete in substanee at the nominal day of the return but form be  necessary to be maintain it be no recovery if the tenant die before judgement  f he have not proper execute his conveyance in due form of law it be a bare  Blackstone case and we have labour in all method to support this recovery but  couldnoC therefore judgement must be reverse g on a writ of error in dom proc  the judgement of b r affirm h c ante d see Com dig Temps c Bla command e  Shelleys she Rep b more z see also dr Cleas she Litt r f cruise Rec see ante g  see Gibbons v Stevenson post wms sand king Bac Abr fine Recoveries D p vo ed  vin Abr entry g recovery p voucher h c h bro PC p or p tonil ed Crui dig rd ed  SITTINSIN term november London