
    Garland v. Towne.
    The constitutional objection to the use of a referee’s report as evidence in a jury trial, under the referee law of 1874, c. 97, s. 13, was waived, when the referee was appointed by consent of the parties.
    Case, reported in 55 N. H. 55. The cause was committed to a referee, with the consent of the parties, under the referee law of 1874, c. 97, s. 18. At a subsequent jury trial, the defendant excepted to the admission of the referee’s report in evidence.
    Verdict for the plaintiff : motion of the defendant for a new trial.
    
      Morrison & Hiland and L. W. Clark, for the plaintiff.
    
      Cilley, Hunt, Bell, and G. Y. Sawyer, for the defendant.
   Allen, J.

The defendant, by assenting to the reference, waived the exception now taken. Deverson v. Eastern Railroad, ante, p. 129; Smith v. Fellows, ante, p. 169.

Judgment on the verdict.

Stanley, Bingham, and Clark, JJ., did not sit.  