Under the circumstances of this case, the Court of Common Pleas ought to have proceeded to try the cause; the act requiring the justice to send the bond, transcript, &c., to the clerk of the Court of Common Pleas, on or before the first day of the next term, is only directory to the justice, and not conclusive on the court. The mandamus must therefore issue.

Rule absolute for a peremptory mandamus.

Cited in Miller v. Martin, 3 Halst. 201.