
    THOMPSON against HARVEY.
    This was an action brought on an arbitration bond. The defendant .prayed oyer of the condition, and pleaded no award. The plaintiff replied, setting out an award, and assigned a breach; to this declaration the defendant demurred specially, and assigned as cause of demurrer that it did not appear on the award that the arbitrators had been sworn. This fact had been averred in the replication.
    
      Hunter,
    
    for the defendant, cited State Reports 144,
    
    
      Griffith, contra.
    The act of Assembly does not require the oath of the arbitrators to appear in the award; it is sufficient if the fact is averred and proved.
   By the Court.

The cases cited went on the ground that it did not appear on the record that the referees were sworn; facts well pleaded are admitted [*] by the demurrer. We think it sufficiently appears on this record that the arbitrators were sworn.

Judgment for plaintiff.  