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HIS caufe had been referred, and the Referees, having examined the evidence in prefence of both parties, agreed upon their report ; but about an hour before it was delivered into Court (though it was figned the preceding day) J. B. M‘Kean, on behalf of the Defendant, had obtained a rule to fhew caufe, why the rule of reference fhould not be ftruck off.

There was no charge of irregularity of partiality againft the Referees ; and, after argument by Lewis for the Plaintiffs, and Ingerʃol and J.B. M‘Kean for the Defendant, the rule to fhew caufe was difcharged.

And M‘KEAN, Chieƒ Juʃtice, obferved, that the motion was much too late to annul the reference, when the Referees had inveftigated the whole tranfaction, had agreed upon their report, and were clear from any imputation of mifconduct,or any precipitancy in refufing to hear the teftimony offered by either party.