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B

ANKSON moved for the appointment of referees in this caufe, in the abfence of the oppofite counfel ; though, as be faid, by agreement.

But, by the courtT: It is an invariable rule not to appoint referees, but in the prefence of both parties. So many difputes have arifen about what was meaning of the attornies, that we have determined not to pay any regard to agreements, which are not reduced to writing.