case davy against salt if a writ of enquiry be returnable tres the number  three which be on a Sunday and be return to have be execute on the succeed day  Monday the judgement find thereon be erroneous and the court will take notice  of this defect judicial although there be no writ of error or although it be  not assign for error on the record for the judge be bind to take notice of the  commencement and return day of all the term SC salk SC salk error from the  court of common plea on a judgement by default there the error insist on be  that the writ of enquiry be execute after it be returnable the writ be  returnable in tres sept Trin which be a Sunday of necessity and be in that  year on the thirteenth June and it be return to have be execute on the  fourteenth of June which be the day after when the sheriff authority by the  writ be determine the court must take judicial notice of the commencement and  returndays of all term as well fix as movable and this they can do without  likewise take notice of the day of the month on which these day fall you must  take notice of the commencement of easter term which must be by take notice of  easterday on which it depend modern easterday be the first Sunday after the  full moon next after the twentyfirst of march and if that full moon happen on  a Sunday easter shall not be until the Sunday after by the same reason you  will take notice of Trinity term its beginning and return and that tres sept  the number three must be on Sunday and what day of the month that Sunday be  and you will find it on the thirteenth of June this year of which this  judgement be and gauge case as in   Ent Mod roll be quote and strong rely on  Eyre contra the court can take notice of the day of the month it be hold cro  Jones roll Abr Yelv a that the court shall not take notice even of fix feast  he urge that tres Trin in law be not a day of return or at least that the  Sunday be not a die assize towns shall not be reckon and it then will be well  for a writ may be execute on the day of its return and for this reason the  essoins be keep on the Monday and the reason seem to be that when Sunday be no  legal day the Monday shall succeed in its place and in the common plea they  always take the Monday to be in month Paschae if the mouse be join on the mere  right where the appearance must be on the first day it must be that the Monday  be the first day or else the party can not save himself this seem consonant to  reason and the first institution of the thing for it will be absurd to appoint  a day for appearance which the party can not possible appear at and Sunday  never be a juridical day Britton c a this be the more reasonable because the  first return be crast Trin and in cro James cro James b the Monday be say to  be the day of tres the number three and the same in cro car cro car c  videlicet that the die Lunae be the day of tres the number three and all  return of writ adjourn to that day it be object that the Sunday be always  reckon in the computation of the quarto die post and the first and four day be  take in inclusive but I answer that all the octave and quindenas be not  inclusive of the first and eight or fifteen as in easter term quindena Paschae  do not take in easterday but be exclusive of it and so be octabis the number  three of Trinity Sunday as be apparent from the entry which be a die Paschae  in quind die a die Trin in oct die and a be always exclusive of the terminus a  quo and it be very odd to include the day of return in one of the four day of  the quarto die post for post be likewise exclusive see make peace v Dillon  fort d then all judgement must refer to the first day of term and if so this  judgement must relate to a Sunday except it be agree that Monday shall succeed  in its place if a to know facias be returnable in the common plea tres the  number three the entry be et modus ad haec diem scilicet diem Lunae for if it  be understand Sunday it will be void I will pay you if he do not be hold a  collateral promise within car c Cowp modern er p holt chief justice if the  Sunday happen to be the quarto die post it must of necessity go to the Monday  because it can be keep on the Sunday and so of essoins but all quindenas and  octave be inclusive of the first and eight or fifteen day so octab Hillarii be  the twenty modern of January and Hilary day be the thirteenth and here where  we proceed de die in diem we never enter a die S Trin in eight or quind die  but die Lunae c post holiday as to the relation of judgement that be for  necessity to the first juridical day which be Monday Sunday be none the  calendar be settle by law and be part of the law cro Elizabeth Leon e and the  movable feast by the calendar though not altogether accord to the rule in it  if a writ be returnable quind Paschae we must sure take notice of itSee ante f  and so must all those who it concern suppose upon forfeiture of issue or save  or keep of day in a real action and gauge case and that of fish v Brockett  Plowd b be unanswerable the Monday be not the tres the number three but the  Sunday be it though in case of necessity it be keep on the Monday some year  ago midsummerday happen to be on a Wednesday which shall have be the last day  of the term but be a die non upon great consideration the day follow be keep  by the statute of Henry c Trinity term be to begin the morrow after cor we  Christ day and therefore we do not come here the four day and he quote a trial  at nisi prius which be set aside because it be die Lunae in month Paschae and  though a be general exclusive and the entry in the common plea in all case of  original be a die Lunae c in all proceed on original yet it be take inclusive  Powell justice gauge case be very strong against you but I believe there be  many other case contrary and therefore it be fit to settle it full the  practice of the common plea will be a good guide in a writ of error from  thence in case of necessity thing be do on the MondaySee swan v broom burr c  as on appearance in a writ of right where the law allow not of a quarto die  post a Sunday never be nor be a die assize towns see burr and Maddox excheq d  but there be no necessity in this case curian advisare vult in SC salk it be  say that holt chief justice be of opinion that this be not a case of necessity  because the writ may have be execute soon or return at another day and in SC  salk that he be of the same opinion as in the case of Harvey v broad ante in  which case the judgement be reverse SC salk see also Lord Cornwallis v Hoyle  where it be hold that a writ of enquiry execute on a Sunday be void fort a  capias be returnable in three week after easter videlicet on Sunday April and  on Monday April the defendant be arrest at eight oh clock in the morning and  detain by the officer till ten oh clock and the court hold the arrest and  detainer illegal for it be after the writ be returnable Leveridge v Plaistow h  Bl Rep e