Majority
p. 42The People, on the relation of Pugsley, vs. Luther, Sheriff of Onondaga.
Headnote
In the redemption of lands sold under execution, the last day of the fifteen months happening on Sunday, a redemption on the next day is too late.Motion for a mandamus. The relator claimed a deed from the sheriff, as having redeemed as a creditor, pursuant to statute, (Statutes, 5th vol. b. 167, passed April 12, 1820,) certain lands sold on execution. The sale was had on the thirteenth day of January, 1827. On the fourteenth day of April 1828, (the thirteenth being Sunday,) the relator tendered to the sheriff the amount bid at the sale, with ten per cent, interest, and claimed a deed of the premises sold, which ihe sheriff refused to execute, on the ground that the redemption was not made in time.
J. R. Lawrence, for relator.
By the Court,
The fifteen months within which the creditor had a right to redeem, expired on the thirteenth day of April, according to the principle adopted by this court in the computation of time, when an act is required by statute to be done within a specified period. (2 Cowen, 518. id. 605 and note.) The last day of the fifteen months happening on Sunday, the tender ought to have been made on Saturday, to entitle the creditor to a deed. In the case Ex parte Dodge, (7 Cowen, 147,) it was holder) that notice of appeal from a justice’s judgment given on Monday, when Sunday was the last day of giving notice, was too late. Sunday being dies non juridicus, (12 Johns. R. 178, 8 Cowen, 27,)
p. 43
the sheriff was' not bound to attend to the discharge of the ordinary duties of his office on that day. Á demand on Sunday of the performance of a contract, where a previous demand was necessary to the maintenance of the action, was holden not to be good. (1 Cowen, 85.)
Motion denied.