
    [Lancaster,
    May 24, 1827.]
    SHARE against LYTLE.
    APPEAL.
    It is too late to file an appeal from the Circuit Court, after the sitting of this court, on the first day of the term to which the appeal is returnable.
    In this case, which was an appeal from the Circuit Court of Lancaster county, Jenkins moved to quash the appeal, because it was not filed after the sitting of the court, on the first of the term to which the appeal was returnable. This is too late. 4 Yeates, 240. 1 Sinn. 76.
    
    Hopkins, contra,
    said, the first day of the term is a unit, and if filing the appeal in the morning, before the sitting of the court, be in time, it necessarily follows, that filing it after the court sits, must be so too. The party must have the whole day, if he has any portion of it. When the court departed from the letter of the law, they necessarily let in this construction.
   Per Curiam.

The first day of the term was intended to mean the actual sitting of the court, and this much has been decided; but it is impossible, without violating the law, to carry the construction further. We consider the matter as settled, and therefore direct the appeal to be quashed.

Appeal quashed.  