ration would apply when a contract is embodied in a judge's -0rder is also clear from Morri$ v. Barret (1). In that case by a consent order it was provided that, upon payment of 341., the debt and costs as agreed, in instalments on the 28th of May, on the 25th of June and on the 25th of every succeeding month until the whole is paid, all further proceedings in the cause be stayed. The order further provided that, in case default be made in any payment as aforesaid, the plaintiff be at liberty to sign final judgment for the said sum of 341., and issue execution for the amount unpaid. The first and two following instalment~ were duly paid. The 25th of October, the day on which the fourth instalment became payable, being a Sunday, the defendant called at the office of the planitiff's attorney on Monday the 26th. and offered to pay it, but was told he was too late, and that judgment had been signed. No judgment, however, was signed until the following morning. The defendant took out a summons to set aside the judgment, on the ground that under the circumstances he had the whole of Monday to pay the money, and that the judgment signed after the money was offered was irregular. The court held that the defendant had the whole of Monday to pay the money. One of the arguments advanced in that case was that as the judge's order was a consent order, the principle governing contract must regulate the rights of parties and therefore the defendant was not excused from performing the contract by the accident of the day being a Sunday. In repelling this contention Erle, C.J. said :-
