Majority
Syllabus
Practice. — Rule of reference.Thebe was a rule of reference in this cause, the report to be made to next term. After the next term, however, the referees, who had never met on the business, were changed by consent, and the report made returnable into office: Whereupon, it was said by Shippen, President, that the rule for reporting to the next term, was expired by its own limitation, and the case, in that respect, open to any new agreement of the parties,[1]
(a) (a) In Shaw v. Pearce, 4 Binn. 485 , the rule directed the report to be made “to the next court,” and it was held, that a report might be made to any succeeding term, and toan adjourned court, as part of the term.