
    [Pittsburg,
    September 11, 1824.]
    STEWART against JEWELL.
    IN ERROR.
    If the party appealing from an award of arbitrators, pay all the costs which are taxed at the time of appeal, the appeal is good, though other costs are taxed within the twenty days, of which he has notice.
    Error to Allegheny county.
    The plaintiff in error, who was defendant below, on the 15th of May, 1824, appealed from an award of arbitrators, filed against him on the lath of the same month, and paid all the costs which were taxed at the time of the appeal. On the 21st of May, notice of the taxation of additional costs was given to the defendant, and on the same day, they were taxed in the presence of both parties, but the defendant did not pay them. On motion of the plaintiff’s counsel, the Court of Common Pleas quashed the appeal.
    
      Fetterman and Baldwin, for the plaintiff in error,
    relied on Fraley v. Nelson, 5 Serg. 8? Rawle, 234.
    
      M-Ddnald, contra,
    attempted to distinguish that case from the one before the court, because, there all the costs were paid, which were taxed within the twenty days, which was not the case here.
   Per Curiam.

We think it best to abide by the rule laid down in Fraley v. Nelson. The party in whose favour the award is made, should have his costs taxed quickly- We do not say what would be the case, if the appeal should be entered by a trick; before the party had time to tax his costs; or after reasonable notice of taxing the costs had been given, and before the day fixed for taxing had arrived. That would be a fraud on the law.

The judgment in this case is to be reversed.  