¶1Debt against Williams on his official bond as sheriff of Morgan county. Breach alleged, the failure to return an execution in time.
¶2The execution was dated March 3, 1843; and, hence, under the rule now established for the computation of time, was returnable March 3, 1844. But that day was Sunday; and, by the statute of 1843, the execution was, on that account, returnable on the following Monday, being the 4-th of March. On that day it was returned. There was, therefore, no breach of the bond.
¶3tOn the failure of a sheriff to return an execution in time, he was liable to 10 per cent, on, over and above the amount of, the debt, &c., under the statute of 1843. That statute was subsequently repealed; but the Circuit Court instructed that the plaintiff had a vested right in said 10 per cent., which the legislature could not taire away.
¶4If that 10 per cent, was a penalty, the legislature had a right to remit it. See the eases cited in Norris v. Crocker et al., 13 Howard 429.
¶5The judgment is reversed with costs. Cause remanded, &c.