
    [Lancaster,
    June 3, 1825.]
    HECKERT’S APPEAL.
    An appeal from the Orphans’ Court is within the provisions of the act of assembly, requiring an oath that the same is not intended for delay.
    Thus was an appeal from a decree of the Orphans’ Court of Yorle county, on the account of George Barnitz, Esq., executor of Margaret Salome Spangler, deceased,
    
      Buchanan, for the appellee,
    moved to quash this appeal, because the appellant had not made oath that the appeal was not intended for delay.
   Per Curiam.

It is enacted by the acts, to alter the judiciary system of this commonwealth, sect. 6, (March 11, 1809, 5 Sm. L. 15,) “ that appeals and writs of error may be had, and may issue to and from the Supreme Court of the proper district, from ■ and to the courts of the several counties, and any party appealing or purchasing any writ of error, shall make oath or affirmation, to be filed with the record, that the same is not intended for delay.” An appeal from the Orphans’ Court is within this provision, and therefore an oath was necessary. The act of assembly has not been complied with, and the appeal must be quashed.  