
    Frantz against Kaser.
    September.
    A writ of error takes effect from its delivery to the prothonotary of the Common Pleas,not from the time of its issuing.
    In computing the twenty days within which a writ of error is not permitted on an award of arbitrators, either the day of filing the award, or the day of filing the writ of error, is excluded.
    In Error.
    ERROR to the Court of Common Pleas of Cumberland county.
    
      Metzgar, for the defendant in error,
    moved to quash the writ of error. There was an arbitration in this case, and an award filed 2d April, 1817. The writ of error issued on the 11th April^ 1817; the recognisance of bail on the writ of error was taken on the 22d April, 1817, and the writ of error was filed in the office of the prothonotary of the Common Pleas ón the 5th May, following. He contended, that no writ could be iss.ued within 20 days after the award, and that the bail was also too soon. He cited the opinion of Yeates J. in Ebersoll v. Krug,
      
    
    
      Watts, contra.
    
      
       3 Binn, 528,
    
   Per Curiam.

The time when the writ of error issued from the office of the prothonotary of the Supreme Court is immaterial, because it has no effect till delivered to the prothonotary of the Common Pleas; therefore, there is no weight in the first objection. As to the second, the rule is, that you must exclude either, the day of the report being filed, or the day of the writ of error being filed, in the Court below. Consequently, the 20 days allowed for the appeal had elapsed ®n the 22d April.

Motion refused.  