This is a case of clear mistake by the justice as well as the appellant; and the latter ought to have been suffered to perfect his bail on the principle of Means v. Trout, (16 Serg. & Rawle 349). It does not appear that the appellee was too late with his motion to quash, an adjourned court being part of the term; but it is clear that it ought not to have been granted.
Order to quash reversed, and appeal reinstated.