
    THE COMMISSIONERS of Mifflin county, against BRISBIN’S administrators.
    The act of assembly oftlie 30th March, 1791, authorizing’ an appeal from the settlement of the account of the county treasurer by the auditors, gives that right of appeal to the accountant officer only, and not to the county.
    Certiorari to the Common Pleas of Mifflin county.
    
      William Brishin having been the treasurer of Mifflin county, his accounts"were submitted to, and settled by, the county auditors, who reported a balance in his favor of @160,06. From this decision and report, the commissioners of the county entered an appeal to the Court of Common Pleas, which on motion of Mr. Hale, was stricken off by the court, on the ground, that absolute bail had not been given by the commissioners when the appeal was entered
    
      Hale for Brisbiji’s administrators,
    Moved that the writ be quashed, on the ground that a certiorari would not lie; a writ of error being the proper remedy to correct the error of the Court of Common Pleas, if any had been committed.
    Rogers, J. — Does the 5th section of the act of 30th March, 1791, give the right of appeal at all to the county, and does it not only give it to the accountant officer?
    
      Banks for the commissioners,
    Insisted that although the right of appeal was not given explicitly to the county, yet by a liberal and just construction of the act it was given; and cited Irish v. The Commonwealth, 3 Bin. 91.
    But the court affirmed the order of the court below, by striking off the appeal, on the ground that the act of assembly did not give the right of appeal to any but the treasurer or accountant officer.
   Judgment affirmed.  