modes profscribed in England. This act exprefsly confines the remedy of the mortgages to the recovery of the principal and intereʃt due on the mortgage ; and the proceedings under the law fhew the unifrom conftruction of it. The Scire Facias is to fhow caufe why the land fhould not be fold for payment of the principal and intereft due on the mortgage : When judgment is obtained, the levari ƒacias is to levy the principal and intereʃt money only. There is no penalty, no judgment for a penalty, and we might as well refufe to ftay procedings in a fuit on a fingle bill, till a fubfequent debt was difcharged, is in this cafe of a mortgage. Upon the execution in both cafes, not more can be levied than the principal and intereft.

R

ULE to fhew cuafe why the report of referrees fhould not be fet afide. The facts were thefe :— Four actions had been brought upon four promifory notes, and the parties, being willing to refer them, by a written agreement entered a fifth action on the docket, in order to take in another note, which had become due fince the return of the preceeding writs ; and accordingly the whole were referred to perfons nominated by the Court, a rule for that purpofe being taken out in each action. The parties wee heard before the referrees, and the report agreed upon, when a difficulty occurred, how to apportion the fum that was found due,, or in what manner to make the report, if it was not apportioned. The referrees, therefore, applied to a gentleman of the law, who advifed them to connect the five rules, and make one general report, for the whole fum. Conformably to this advice, the following report was made. ‘‘ We the referrees appointed in the annexed five rules of ‘‘ Court to hear and determine the matters in variance between ‘‘ plaintiff and defendants in the five feveral actions commenced by ‘‘ the former againft the latter, do adjudge that the defendants are ‘‘ indebted to the plaintiff Ł 1301, 3, 11, and that the fame ought ‘‘ to be paid accordingly.’’ All the referrees figned the report, and two of them attended in Court, and give teftimony, that both parties were fully and patiently heard, and no objections were made, on either fide, to the mode of proceeding. Nor was there any fuggeftion in the courfe of the argument, that the referrees that acted with partiality, injuftice, &c.

The motion was fupported by Ingerʃol, Coulthurʃt and Heatly, for the defendants, and they contended, that the report was neither certain, mutual, nor final.

1ft. For that the report fays Ł 1301.3. 11, is to be faid ‘‘ accordingly’’— accordingly to what ? ^{(illegible text)} of payment was a ^{(illegible text)} part of the difpute ; and this was left uncertain.