
    The Commonwealth against Meyer.
    A writ of error does noi lie on an indictment, and sentence in forcible entry and detainer, without a spe* cial allocatur:
    
    In Error.
    A MOTION was made by Mr. Fisher on behalf of the Commonwealth, to quash the writ of error in this case, because there was no special allocatur. It was an indictment for forcible entry and detainer, on which the defendant had been convicted and fined.
    
      Bradford and Fisher, for the Commonwealth.
    
      Hall and Duncan, for the defendant,
    alleged, that they could not procure an allocatur from Mr. Bradford, who prosecuted for the Commonwealth: because he was concerned for the defendant: the case being altogether in the nature of-a civil remedy,
   By The Court.

The act of assembly is positive, that the writ of error shall not issue without a special allocatur. The defendant was indicted, convicted, and fined one dollar. The proceeding partakes both of a criminal and civil nature. The writ of error was founded on the 7th section of the act óf 13th April, 1791, and the same act prescribes the terms on which the writ shall issue. The writ must be quashed.

Writ of error quashed.  