
    Post against Sweet.
    The Court have no power to alter an award of arbi¡[‘í)t(?'¡nee^i<iri01a arbitrators “part/whofe not entitled to court cannot without costs'
    In Error.
    ERROR to Susquehanna county.
    . The plaintiff in error, who was the Brigade Inspector or the Second Brigade of the Eighth Division of Pennsylvania militia, demanded of the defendant in error, in the below, two thousand dollars, the alleged value of a brass field piece lent by the former to the latter. The cause was submitted to arbitrators, who awarded in favour of the plaintiff, twenty dollars and the costs of suit. No appeal from this award was entered by either party, but the Court Common Pleas, on motion of the defendant’s counsel, ed judgment to be entered on it without costs.
    Of this judgment, Mallory, for the plaintiff in error, complained as erroneous.
    Dennison, contra,
    asserted the controlling power of the Court of Common Pleas over the costs, and cited Lewis v. England, 4 Binn. 5.
    
   Per Curiam. —

When the award of the arbitrators was returned to the Prothonotary and entered on his docket, it had the effect of a judgment. The Court of Common Pleas had no power to alter it, although they might have set it aside for misbehaviour of the arbitrators, oi irregularity in their proceedings. If the award was illegal on its face, as it is alleged to be here, the dissatisfied party might appeal to the Court of Common Pleas, or bring it before this Court, by writ of error. But he has done neither one nor the other; and the Court of Common Pleas, without appeal, on motion, has entered a new judgment, striking out the costs which had been given by the award. This, we think, they had no authority to do, and therefore their judgment must be reversed ; after which the award will stand in full force, as it was returned by the arbitrators and entered on the docket of the Prothonotary.

Judgment reversed.  