
    Pearce against Shaw.
    IN this case Sergeant for the plaintiff moved to dismiss certain exceptions to a report of referees, because they were not accompanied by an affidavit.
    Exceptions to reports of referees cannot be received,unless they are accompanied by affidavits as to facts which do not appear upon tlie face of the proceedings.
    
      y. R. Ingersoll for the defendant,
    said that there was no rule of this court requiring an affidavit.
    
      Sergeant in reply,
    referred to the rule of the Court of Common Pleas of February, 1789, No. 23, p. 53, and said, that the practice of this court had uniformly been according to that rule.
   The Court

told the counsel that an uniform practice was as obligatory as a rule, and that they understood the practice to have been, that exceptions were nought, unless accompanied by an affidavit, such as is mentioned in the rule of -the Court of Common Pleas ; but that if Mr. Ingersoll doubted the practice, they would give him time to search for precedents. Mr. Sergeant, having consulted his client, declared he was willing to wave the objection, although he had no doubt it was good. The Court then requested the bar to take notice, that in their' opinion, exceptions were not to be received, unless accompanied by an affidavit, according to the practice.

The referees were then examined, who explained all the exceptions to the satisfaction of the court, and the award was affirmed without any principle of law being decided.  