Per Curiam :
It may well be conceded that this case does not come within the provisions of the act of April 20, 1876, which restricts the claim to eases arising for manual labor; yet it clearly comes within the special act of February 28, 1870. That act makes the affidavit essentially necessary to authorize an appeal.
Here> the learned judge has found as a fact that no blame could be imputed to the justice, but the defect was caused solely by the negligence of the party who made an abortive appeal. He lias no equities sufficient to relieve him, as is well shown in the opinion of the court striking off the appeal.
Judgment affirmed.