
    Vanlear against Vanlear.
    
      Monday, December 26th.
    The record of the proceedings upon an appeal from the circuit court, which by law is directed to be filed before the next term, is in time if it is filed before the court meets on the first day of the next term.
    THIS was an appeal from the Circuit Court of Chester county. The record was filed in the office of the Prothonotary of this court before ten o’clock in the morning of the 7th September 1803, which was the first day of September term, the first term next after the decision of the circuit court from which the appeal was entered.
    It was now called on for argument, when the appellee objected that the appeal was not in court, as the record of the proceedings was not filed within the time limited by the act of Assembly, which is as follows: “ That if either of the parties “ &c. shall be dissatisfied with the judgment or decision of the “ said Circuit Courts on any demurrer, special verdict, case sta- “ ted &c. that then and in such case the party so dissatisfied “ with the j udgment of the said Circuit Court, and appealing “ from the same to the said Supreme Court, shall obtain from “ the clerk of the Circuit Court of the respective county a re- “ cord of all the proceedings, and file the same with the pro- “ thonotary of the Supreme Court before the next term, and on failure thereof, judgment shall be confirmed and execution “ awarded in the same manner as if such appeal had not been “ made.” March 20th, 1799. 4 St. Laws 360.
    The question was submitted without argument. Ross for plaintiff. Hemphill for defendant.
   Per Curiam.

The record of the proceedings having been filed with the prothonotary before the meeting of the court on the first day of the next term, we think it within the limit in - tended by the act of Assembly.  