delivered the opinion of the court. The appeal taken in this case has not been prosecuted according to law. It was made returnable on a day preceding that on which it has been filed. The direction of the statute is imperative, that the record shall be returned into this court on the day fixed by the judge of the first instance, 1 Martin's Dig. 442—Carpentier vs. Harrod & al. 11 Martin, 434.

It is therefore ordered, adjudged and decreed, that the appeal be dismissed with costs.