Where an appeal is filed atone term of the Circuit Court and continued, a motion to amend filed at the next term of Court will come too late.

2. Under Rule XIII of this Court, it is held that the rule of practice which allows three days for filing motions to dismiss and motions to amend, and the rule of practice which allows ten days after filing the record for filing assignments of errors, are .not applicable to the Circuit Court, under Art. 103 of the Constitution.