Page:Federal Reporter, 1st Series, Volume 4.djvu/29

lit" Be 'm'ewen. • 16' �It 18 necessary to reciîr to the language of the original" bankrupt act on this subjeot : "No appeal shall be allowed in any case, from the district to the circuit court, unless it is claimed, and notice given thereof to the clerk of the district court, to be entered with the record of proceedings, and also to the assignee or creditor, as the case may be, or to the- defeated party in equity, within ten days after the entry of the decree or decision appealed from." "Such appeal shall be entered at the term of the circuit court which shall be first held within and for the district next after the expiration of ten days from the time of claiming the same." �The only difference between the language and that noW found in the Eevised Statutes as a part of the bankrupt law, ■ is that the word "first" is left out in the revision; but that' clearly cannot make any difference in the sense. "The ajipeal' shall be entered at the term of the circuit court which shall be held within and for the district next after the expiration^ of ten days from the time of claiming the same," means pre- cisely the same as though it were "first held within and foï the district;" because it is claimed that the word "next" gives significance to the sentence, and it means the term succeed- ing that at which the order is entered next after the expira- tion of ten days. See sections 4981 and 4982, Eev. St. U. S. �The true meaning, I take it, is that if the circuit court is in session more than ten days after the order is made, the appeal shall be then entered. That is the term, within the meaning of the law, next after the entering of the order. �This is the twenty-sixth rule made by the supreme court linder that law: "Any supposed creditor who takes an appeal to the circuit court from the decision of the district court, rejecting his claim in whole or in part, according to the provisions of the eighth section of the act, shall give notice of his inten- tion to enter the appeal within ten days from the eïitry of the' final' decision of the district court upon his claim ; and he shall file his appeal in the clerk's office of the circuit court within' ten days thereafter, setting forth a statemônt, in writitig, of his claim, in the manner prescribed by said section." The supreme court gave a construction of the statute by enacting that rule, and it wouid seemàs thôugh in that wày only ����