Bull v. Clarke

On a scire facias against bail, several exceptions were taken by the defendant to his liability.

1. That the execution, with a return of non est inventus in order to charge the bail, was returned too soon. The execution issued from the court of common pleas, on the 27th of November, and by force of the statute (Rev Sts. c. 97, § 9,) was returnable in three months from the date, there being no regular term of that court within that time. By the term three months, three calendar months are intended, and the day of the date being excluded, the corresponding day of the third month from the date,…