jBy the Court,
The statute of 1836, ch. 526, p. 794, (3 R. S. 392, 2d ed.,) declares, section first, that judgments of the common pleas on appeal or certiorari,from a justice’s court, shall be final and conclusive, except for the purpose of granting a new trial by the common pleas in a proper case. The second section provides that, at any time within thirty days after the record of judgment shall have beep filed, the first judge, or in his absence any other judge of the court below, who was present at the trial or • hearing, may, in his discretion, grant a certificate that, in his opinion; the cause is a proper one to be carried to the supreme court; in which case, and in no other, a writ of error may be brought. Here the thirty days passed before the certificate was obtained, and the only question, so far as regularity is concerned, arises out of the objection that the limitation does not run till notice of filing the record shall be served. The statute says nothing of notice; and in the construction of the various statutes of limitation, its necessity in order to their running, has been uniformly denied. They run even against a fraud, unless, perhaps, it be perpetrated with the direct view to defeat the statute. That is not shown in the case at bar; and there was an indifference manifested on the part of the plaintiff in error, which rather leads to a distrust of his intenion to bring error, except for the purpose of delay. The utmost he can pretend is surprize, from the circumstances that the engrossment and signing of the bill were not completed, which depended entirely upon himself; and the delay of which, in any view, was not incompatible with the regular perfecting of the judgment.