In this case the report of the commissioners was filed fifteen days before the session of the court, according to the statute ;* but the party objecting to the report did not file exceptions thereto until the second day of the term. A motion was made to dismiss the exceptions, as being out of time; but the court held that the rule in regard to filing exceptions in such cases, † which was in force before the statute of Nov. 16, 3825, requiring the report to be filed fifteen days before the session of the court, was enacted, was only so far modified by that statute, as that the filing must be considered as of the first day of the term; — and that the exceptions were filed in season.

As the court could not hear the case the present term, for want of time, a rule was granted to the parties to take testimony in vacation and file it with the clerk until the first of June next.